Morning all. Could someone give me a bit of advice please, Scottish law please.

[alinic]

Can a parent write a will without including one of the children. and does it stand.
MIL having prob with one son.
Thankyou.

[Svejk]

Scottish law must be same as any law.
Everybody can do whatever they. like with their money/property.
as long as they're of sound mind.

[factor-fiction]

I'm not sure that's right for Scotland, thetaliesan. Barmaid will know

[Svejk]

Surely there can't be any law that compels you to leave money etc.
to someone you don't want to?

[factor-fiction]

Have a look at Barmaid's first reply in this thread
http://www.theanswerb.../Question1172138.html

[Barmaid]

Factor is right.

You cannot completely disinherit your children. They are entitled to a proportion of your estate under "legal rights". However, this only extends to moveable property (cash, shares, etc) and doesn't apply to land. The trick therefore is is to buy as much land as possible so there is very little "moveable" estate.

[sandyRoe]

Whey you say, 'children', do you mean juveniles? I can't imagine anyone could be forced to leave anything to a 40 year old drunken reprobate of a son if they didn't want to.

[sandyRoe]

I'm just using that reprobate as an example ^

[alinic]

thanks for your reply's not a child but a 50yr old man, will get her to get a will drawn up asap.
Thankyou

[tonywiltshire]

There are many variations between the law in Scotland and England. If you are making a will in Scotland ensure you mention all of your children if you wish to not make any provision for a child say so but remember under the law in Scotland children have more rights to claim against the estate, even if there is provision in the will to specifically exclude them, than they do in England. By excluding them you may persuade them not to claim but there is no guarantee.

[dzug2]

If he is excluded from the will he has the right to write to the executors asking for his statutory share, and they have no choice but to comply. He doesn't have to 'contest' the will or go to court or anything. Doesn't matter whether he is child or adult.

[coccinelle]

'Surely there can't be any law that compels you to leave money etc.
to someone you don't want to? '

In France you can't disinherit your children. And until 2007 they took first place before the spouse!!