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Rights of grandchildren where parent has passed away

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  • Rights of grandchildren where parent has passed away

    Hi was wondering if anyone could help, apologies for the essay!

    Last year my husbands gran passed away, my husband was the executor of his gran/grandads will, the grandad had passed away 11 years ago so my husband still thought he was executor to the grans will however we were presented with a new will in which only the uncle was executor. My husbands mother passed away 10 years ago and the new will, which took out my husband as executor and left everything to the uncle was written 4 months after my husbands mother died.

    The uncle presented us with the will, but stated under scots law the nephews take on the rights of their mother, the uncle was left the house. He contacted us after4 months to say its all sorted, and gave all the nephews a lump sum, however there was no mention of any jewellery/goods etc that the gran owned. Also the uncle moved the daughter into his mothers house, they have blitzed it and everything the gran owned is gone.

    We have seen no paperwork, he did offer but should he not send us it anyhow? Also he hadn't asked for a signature for the funds? Is this right or is he pulling a fast one? What's making us suspicious is that the figure is £2,000 each not £2001/£2012.50 but a nice round sum, also when the grandad passed away we know there was £75,000, and for someon who had no mortgage, and 2 private pensions is seems weird
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  • #2
    Re: Rights of grandchildren where parent has passed away

    Sorry just to check, did your husband receive anything from his grans estate ?

    So Gran left everything to her son ?(your husbands uncle and his mothers brother) as her daughter had passed on.

    If there was anything in the will for her daughter (husbands mother) it should have come to your husband( and his siblings)

    I dont know where this comes from?
    The uncle presented us with the will, but stated under scots law the nephews take on the rights of their mother,
    Who are the nephews ? (ie nephews to who) and what relation to the gran is the nephews mother?




    Had she died without a will...
    If someones dies, but was pre-deceased by their spouse and their children, their estate goes to the grandchildren.
    (Maybe I'm overcomplicating just confused with the family tree bit - can we relate to everyone from Gran's perspective might be easier, so your husband = Granchild, Uncle = Son etc)

    ( Also, Grandads will left everything to his wife?)
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Re: Rights of grandchildren where parent has passed away

      I understood that under Scots law, EVEN WHERE THERE IS A WILL, DIRECT descendants have a legal right to inherit a proportion of the deceased's movable assets (money, jewellery, furniture etc). If the child(ren) of the deceased have predeceased that person their share is passed to their children (i.e. the grandchildren of the deceased inherit what would have been their parents share.)
      Someone more au fait with the legalities will probably be along
      soon
      Last edited by des8; 20th January 2014, 09:54:AM.

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      • #4
        Re: Rights of grandchildren where parent has passed away

        Well Scots law is complex and it appears you can't just write children/grandchildren out of the will and your husband should be entitled to claim from the estate.

        Where a child has died before their parent (husbands Mother), that child's surviving children (the grandchildren or your husband) or remoter issue, are entitled, by 'representation' to share the same right to legitim as the deceased child would have had. Where the survivors entitled to legitim on a person's death are, for example, 2 children and 2 grandchildren (children of a child who predeceased the deceased) division of the legitim fund is 'per stirpes' or according to the relationship level of the survivors. The nearest level of survivors to the deceased person fixes the basic share taken in the legitim fund - in this instance that level is the children and the basic share taken, one third. The 2 children are each entitled to one third and the grandchildren share equally the one third their deceased parent would have taken.
        I'd really say your husband needs to consult a specialist solicitor who is completely au fait with scots law as as far as I can work out your husband should be entitled to a proportion of what his mother would have received had she lived.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        • #5
          Re: Rights of grandchildren where parent has passed away

          Thank you for the replies :tinysmile_grin_t:

          Should have said - the gran had 2 children - one died (my husbands mum) 10 years ago, she has children there are 3 of them (nephews), there was apparently £12,000 cash left - so uncle got half £6,000 and the 3 nephews shared there deceased mothers share, so £2,000 each - but no mention if jewellery/goods etc. and the house has been gutted and everything removed by the uncles daughter (who moved in when the gran was placed in a home for one month) no paperwork bar the will was sent to us - we think he's worked out everything himself - as no solicitor has contacted us and he hasnt even asked for a signature

          Hope this clears something's up

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          • #6
            Re: Rights of grandchildren where parent has passed away

            Okay so your husband is a nephew .... get ya now! (I think)

            So the sharing out bits seem okay, and your gran had left the property to her son (your uncle) which is also fine (as it's only the 'moveable' assets that get shared out)

            So the issue is with what happened to the contents of the house / grans belongings ?
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Rights of grandchildren where parent has passed away

              Thats correct - also we haven't seen any paperwork showing any breakdowns of assets - does he have to show us this ?

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              • #8
                Re: Rights of grandchildren where parent has passed away

                (I know I'm talking English Law here. btw)

                When my sister died her children became beneficiaries of my Mums Will.
                My husbands Uncle in Law died last year...his Will gave 50% of his assets to his late wifes sister (my Mother in Law)
                My Mum in Law has already passed away so my husband and his brother became 'residuary beneficiaries' and they will (eventually) get 25% of the estate (when the fuffing care home sorts its self out)
                The solicitor has shown all of us the paperwork on request,,maybe doing that might help you??

                Comment

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