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tiara4321 | 17:14 Sun 04th May 2008 | Law
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could any one please let me know the law in scotland on if you have to tell the death registrar if the father of the son he has disowned from a previous marrage. and also tell his son, Any info would be very welcome thanks Tiara
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if the father what? your q does not make any sense
Not sure what you are actually asking.

You just have to register the death - you don't have to tell anyone else.

However if there is an estate to administer you have to tell the beneficiaries of his will or those who benefit under the intestacy rules - which could include both those sons.
Surviving relatives are of no concern to the Registrar - he will only want the name of the spouse (wife) or civil partner.

Phew, I'm glad I am not alone in trying to understand this.
A 'disowned' son or daughter is still entitled to at least part of their deceased parents estate. If no will was made, the disowned son is entitled to a share to part of the estate - heritable and moveable. If a will was made cutting the disowned son out altogether, the part that relates to moveable property has no effect. A TESTATOR CANNOT COMPLETELY DISOWN THEIR FAMILY!!! Unless the child has subsequently been adopted.

So the answer lies wihin being able to distinguish heritable property from moveable property within the context of whether there is a will or not, and knowledge of whether a will exists.

Reading between the lines my short answer is that part of the deceased's estate will pass to the disowned child.

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