TSEM6532 - Legal background to trusts and estates: Scottish law: legal rights of surviving children or remoter issue
»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 child of the deceased can choose to claim legal rights. »Ê¹ÚÌåÓýapp extent of the right depends on whether there is a surviving spouse of the deceased.
»Ê¹ÚÌåÓýappre is no surviving spouse
»Ê¹ÚÌåÓýapp children can, between them, claim one half of the net moveable estate (TSEM6507).
»Ê¹ÚÌåÓýappre is a surviving spouse
»Ê¹ÚÌåÓýapp children can, between them, claim one third of the net moveable estate (TSEM6507).
A child may have died before the deceased. If that child left children, they can, between them, claim their parent’s share of the estate. In extreme circumstances, great grandchildren might be able to claim.
If internal users are asked about the treatment of a legitim fund, they should refer to Trusts Technical.