In many countries throughout the world, the relevant law of succession provides a degree of protection to children against unfair disinheritance. In Scotland, that protection is afforded by the concept of legal rights. A testator who has children or remoter issue does not have complete freedom of testation in Scotland. However, given the increasingly fractured nature of our society, some testators will wish to restrict, if not negate, the ability of children or more remote issue to claim legal rights from their estate.
This webinar will consider:
the current law on legal rights
methods to restrict if not negate the entitlement of a child or remote issue to claim legal rights
how not to seek such a restriction
how executors should deal with legal rights
the possibility of replacement of legal rights by the concept of legal share