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Posted by on in Contesting Wills

When a loved one dies, most of us will hope to be able to carry out their last wishes as they intended. In most instances, this will involve carrying out the terms of a loved one’s Will, the document that allows a deceased to communicate how their property is to be distributed to those they have left behind. Unfortunately, there are occasions when there may be reasons to doubt the validity of a Will or whether its terms truly reflect the deceased’s intentions.

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The law has long placed importance on the need for the decision to complete legal documents to be free from influence or interference by other people, even by members of one’s own family. This is largely driven by a concern that, first, people understand the legal consequences of their entering into a legal document, and secondly, that the decision to do so is entirely their own and not the result of someone taking advantage of their familial relationship or mental capabilities.

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A recent piece of research from Canada has revealed that many people have unrealistic expectations about the amount of inheritance they will receive.

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Deciding on how you would wish to pass your possession to future generations, and to surviving family members when you pass away can be difficult. There will be many different things to consider, including how best to avoid unnecessary disputes between family members over their inheritance. Up until recently, the rules on how this happens had been relatively well known. However, on 29 January this year, the Scottish Parliament passed the Succession (Scotland) Bill into law bringing with it some changes to the law of succession in Scotland.

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It was recently reported (here) that the Faculty of Advocates has voiced concern over discussions being had on making changes to the law of intestacy as it currently applies in Scotland. In its response to a consultant paper issued by the Scottish Government, which itself was a reaction to a report compiled by the Scottish Law Commission, the Faculty commented that some of the proposed changes to the law of intestacy could have a detrimental impact on the surviving children of anyone who dies without a Will.

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