A Father's Will Was Overridden By Scots Law. Here's Why.

A client came to us after her long-term partner died. His Will was clear: she was to inherit his Glasgow flat and his entire cash savings of £250,000. He had been estranged from his two adult children for over 15 years and made no provision for them. My client believed the matter was settled. Then a solicitor's letter arrived on behalf of the children. They were making a claim against the estate.

The fallout was immediate. It caused immense distress and financial uncertainty at the worst possible time. This is not a rare occurrence.

An Automatic Right

What this family discovered was a core principle of Scots law known as ‘Legal Rights’. Unlike in England and Wales, you cannot completely disinherit your children in Scotland. Whether there is a Will or not, children have an automatic right to a share of their parent’s ‘moveable’ estate. In this case, the father's Will was overridden. His surviving partner was entitled to one-third of the moveable assets. His two children were entitled to another third, split between them. The final third was all that remained to be dealt with under the terms of the Will. His intention to leave his partner the full £250,000 was reduced by two-thirds.

Moveable vs. Heritable Assets

The distinction that matters here is between moveable and heritable property. Heritable property – land and buildings – is not subject to Legal Rights. The flat passed to our client as the Will directed. But the moveable estate – the cash, shares, and other liquid assets – was carved up before the Will could take effect. This is not a loophole. It is a fundamental part of the legal system in Scotland, and it catches many families out, especially those with connections across the UK.

The planning implication for UK families is clear. A single Will may not be sufficient if your assets are held in different UK jurisdictions. Your estate plan must account for the legal system where your assets actually sit. Assumptions can be costly, both financially and emotionally.

This is not a simple area. It requires careful, specific advice. If your circumstances involve family or property on both sides of the border, we should talk.