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In a "legal rights" situation in Scots law. what If spouse dies before agreement?


My Father Died and left his Estate to his 3 children,
His estranged wife appeared after 9 years to claim her legal rights on the estate.

No figure had been agreed then her Greed Gland exploded and she died sadly!!

Do her benifactors now have rights to my fathers estate or is it the case that as she is no longer a "surviving spouse" that her share goes back into the will proper?

very confusing!?

No, I think she WAS the surviving spouse of your father, so it's her will that now disposes of her share of the estate.

It's unusual, but it happens enough that there is probably sufficient common law to establish this clearly.

If a will was made then your fathers wishes should still stand and his 3 children should benefit, but I have heard of someone who didn't bother to get a divorce and they met someone else and the man died his wife came back and claimed everything including the house and the mans partner had to move out with the kids that happened in Scotland.

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