How much, and what, we are left in a Will can cause great distress if it doesn’t marry with our expectations or understanding of our relationship with the deceased. Earlier this year, BBC Radio 4’s Analysis examined what our powerful emotional responses to inheritance say about our attitudes to family, society and the state (the programme is available here). Interestingly, it raised, amongst many other things, the different approaches to disinheritance in Scotland and England & Wales. In this blog post, we take a closer look at these fundamental differences in the law and how disinheritance can be challenged in Scotland....
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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....
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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