TSEM6531 - Legal background to trusts and estates: Scottish law: legal rights of surviving spouse
»Ê¹ÚÌåÓýapp surviving spouse and the children, of a deceased person, have specific legal rights.»Ê¹ÚÌåÓýappy also have the option of whether to claim these rights. Each must make their decision. This may be influenced by what they were left in the will, or by family circumstances.
»Ê¹ÚÌåÓýapp legal rights do not create trusts, but can interact with various trust situations.
A surviving spouse of the deceased can choose to claim legal rights. »Ê¹ÚÌåÓýapp extent of the rights depends on whether there are surviving children or remoter issue. ‘Remoter issueâ€� includes grandchildren.
»Ê¹ÚÌåÓýappre are no surviving children or remoter issue
»Ê¹ÚÌåÓýapp surviving spouse can claim one half of the net moveable estate (TSEM6507).
»Ê¹ÚÌåÓýappre are surviving children or remoter issue
»Ê¹ÚÌåÓýapp surviving spouse can claim one third of the net moveable estate (TSEM6507).
»Ê¹ÚÌåÓýapp legal rights of a surviving widow are called jus relictae.
»Ê¹ÚÌåÓýapp legal rights of a surviving widower are called jus relicti.