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In Scotland, children cannot easily be disinherited. If you make a Will then you can limit their claims to a share in your moveable property.
Land,buildings,etc |
Anything else - including money,shares, share in a business partnership |
If not mentioned in a Will, children have the right to claim a share (they don't have to claim but, if under 16, a claim will likely be made for them) in your moveable estate only.
Follow these tables to find out what your child is entitled to claim:-
| You are married at your death | ||
| Your family | Share claimable | |
| One child | 1/3rd | |
| 2 children | 1/6th | |
| 3 children | 1/9th | |
| 4 children | 1/12th | |
| 5 children | 1/15th | |
| And so on, each child being entitled to an equal share in one third of your moveable estate. | ||
| You are unmarried at your death | ||
| Your family | Share claimable | |
| One child | 1/2 | |
| 2 children | 1/4 | |
| 3 children | 1/6th | |
| 4 children | 1/8th | |
| 5 children | 1/10th | |
| And so on, each child being entitled to an equal share in one half of your moveable estate. | ||
Under present Scots law, the fact that you are cohabiting with (living with) another person does not affect your children's claims upon your Estate at your death.
