Estate claim

[Liz65]

An elderly aunt, in Scotland, has made a will, dividing her estate between her only child, a daughter, and 2 grandchildren. Owing to recent incidents, she no longer wishes her daughter to receive anything, but realises that she would be entitled to claim on the estate. Is there any way that she can prevent this?

[dzug]

Under Scottish law, I believe the answer is no, there is nothing she can do - apart from give it all away in advance which can have unwanted side effects.... Or move to England where it's still not easy but can be possible.

She can limit the daughter's share to a maximum share - I believe one half if her husband is dead and the daughter is an only child

[Buenchico]

Your aunt's daughter will have 'legal rights' which (assuming that your aunt has no surviving spouse) means that the daughter will be entitled to receive half of your aunt's 'moveable estate' (which basically means everything except land and buildings). She will have no 'legal rights' in respect of land or buildings.

Your aunt (or her financial advisers) should investigate the possibility of using any large amounts of capital, which she may hold, to buy land (or property) as an investment for her grandchildren. She can then leave the land (or property) to her grandchildren, which they can sell to obtain the money your aunt wishes them to receive.

Chris

[factor-fiction]

As covered above, she could give as much cash, jewellery and other 'moveable estate' items as possible now to the grandchildren while she is alive.

I'm not a lawyer and realise Scottish law has some unusual features, but if she doesn't want to give the money now maybe she could sign and give cheques for large sums to the grandchildren which they could pay in as soon as she dies?

The best advice though is to see a solicitor.