Legal rights claims for families and executors

Legal rights are one of the most important differences between Scots law and the law in England. A parent cannot completely disinherit their children, and a husband, wife or civil partner is also protected. But legal rights only apply to moveable estate, and claiming them means giving up anything the will leaves you, so the right decision depends on the figures.

For family members

• We work out what your legal rights are worth, and compare them with what the will leaves you
• We explain how a claim affects the rest of the estate and other family members
• We make the claim to the executor and deal with the paperwork
• We advise on collation, where a large lifetime gift has to be taken into account

For executors

• We identify everyone entitled to legal rights, including grandchildren of a child who has died
• We calculate the value of the claims and write to each person with the information they need
• We obtain written discharges or renunciations, so that you are protected
• We deal with the inheritance tax effect of any claim

How much are legal rights worth?

Children share one third of the net moveable estate if there is a surviving spouse or civil partner, and one half if there is not. A spouse or civil partner is entitled to one third if there are children, and one half if there are not. Our guide on whether you can disinherit a child in Scotland includes a worked example, and our guide on what a husband or wife inherits explains how legal rights sit alongside a spouse's prior rights where there is no will.

Legal rights or a will challenge?

If you have been left out of a will, claiming legal rights is often quicker, cheaper and more certain than trying to overturn the will. We will tell you honestly which route gives you the better result. See our guide on contesting a will.