Sometimes, I see (or I am asked to write) Wills where the parent has fallen out with a child (or vice versa) and, as a result, decided to leave them something but very little compared to the others.
The child is then faced with a dilemma. Should they accept what is in the will or should they claim “legal rights“?
Legal rights can only be money so, if the child has been left some family papers or Grandad’s medals, this can cause a dilemma. Should they take the money or the emotion-laden legacy?
They cannot have both. They must opt for one or the other.
Unfair? Perhaps but the benefit that Scotland has is that the law is clear. In England, there is a whole legal industry dedicated to challenging Wills. If there is financial pain, it is, mercifully, brief in that it does not rumble on in court for years. The emotional pain can remain, of course.
If you find yourself in this situation and wish consult me, as a Solicitor, please telephone 01955 606060 or 01361 883222, speak to my Secretary and a telephone appointment will be made for you.