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why has my mother has been told that she cannot leave her home soley to me but only to both children?
my mother has been told that she cannot leave her home to me in her will but that it would have to be left to both my brother and i ,,,, why is this (we are in scotland)
her solicitor
4 Answers
- 9 years agoFavorite Answer
Under the Scottish system there are two parts to an estate - Heritable and Movable.
The Heritable part is land and buildings.
The Movable part is shares, money, belonging.
If a person dies without a will, all children can make a claim on all parts of the estate.
If a person dies with a will, the Heritable element goes to whoever is named to receive it, while the movable can be claimed by any children whether or not they are named in the will.
This is reason, not advice, you will need to speak to the solictor to understand why it is being suggested that your mother cannot leave her property to one child.
Source(s): http://www.scotwills.co.uk/index2.html http://www.makeawill.co.uk/scotland-intestacy-laws... http://www.justanswer.com/scottish-law/4zft3-possi... - Anonymous9 years ago
Ask her solicitor.
It may be something that happened previously. For example your grandparents may have left the house to your mother with a covenant that she leaves it to you and your brother. I'm not suggesting that that did happen just saying that there is something here that we don't know about.
- 9 years ago
I would contact a solicitor in Scotland. The laws vary so greatly, you'll likely get incorrect advice in this forum. Good Luck to you though!