Can I Claim On My Ex’s Inheritance in Scotland?

Are you looking to claim on your Ex’s inheritance in Scotland? Our latest blog will provide you with insight into whether or not you can claim on your ex’s inheritance, clarify your rights, explain how to submit a claim to the court, and highlights the benefits of seeking legal advice.   

Key Takeaways

Understanding Scottish Inheritance Laws   

If you’re going through a divorce or separation, you might be wondering if you can claim your ex’s inheritance. Inheritance can happen any time: prior, during or after marriage.   

Typically, ex partners who receive an inheritance after the marriage or separation are not required to split their inheritance, as it is not considered part of the matrimonial assets. Matrimonial assets are those obtained by both partners during the marriage, such as property, savings, motor vehicles, etc.   

If the inheritance was received during the marriage it does not automatically become matrimonial property. The starting point is that an inheritance is excluded from the definition of matrimonial property. However, if a party uses the inheritance to acquire another asset then that asset would be treated as matrimonial property. In that situation there can be an argument that the inheritance constitutes a special circumstance which should be taken into account but that will depend upon the whole circumstances of the case.  

If you are looking for more information about winding up an Estate, you can find out more on our bereavement page.  

Establish Your Right To Claim Your Ex-Spouse Inheritance 

If you think you may be able to claim your ex’s inheritance, it is crucial to seek legal advice at the earliest opportunity from a family solicitor who will be able to discuss your rights.   

Our family solicitors can provide you with more information or answer any questions about your inheritance query. If you choose our specialist team to help you with your case, they will assist you every step of the way while providing you with ongoing clear communication.   

Submitting A Claim To The Court    

As previously mentioned, courts will only consider assets such as your ex’s inheritance if it was acquired during the marriage and converted into a matrimonial assets.   

When you choose Jones Whyte to help you with your ex’s inheritance claim, our family solicitors will be able to guide you through the court submission process to help you reach your desired outcome.  

Seek Legal Advice   

To initiate an ex-spouse claim on inheritance, you should consult a family solicitor today. Our knowledgeable and compassionate team offer impartial, reliable and straightforward advice.  

Having a lawyer by your side will help you make decisions based on current laws and ensure your best interests are considered when submitting your application.   

Don’t hold off any longer, get the process started and speak to one of our team members today. They will be able to help you with your claim or with financial matters involved in divorce proceedings.  

Frequently Asked Questions 

Am I Entitled To Any Of My Ex’s Inheritance? 

The answer to this question depends on several factors, including whether the inheritance is considered matrimonial property. This also includes if the inheritance was placed for example in a joint account. However, if your former spouse kept the inheritance separate then it might be removed from the divorce settlement. 

Are Assets Split 50/50 In Divorce In Scotland? 

Assets should be divided fairly, but this does not always mean you will receive equal amounts. 

The Scottish courts aim for a fair and reasonable division of matrimonial assets. This could mean that financial support to tie the couple together is generally unnecessary, except in rare instances. Post-nuptial agreements and pre-nuptial agreements can help address spousal maintenance during the divorce process. These are marital agreements which are legally binding which will outline the distribution of assets and help avoid arguments. 

Do You Need Family Law Solicitors When It Comes Down To Financial Matters When Going Through A Divorce? 

It is advised you receive legal advice when it comes down to financial matters as family solicitors will provide guidance to ensure you take the best court of action. Our team has a wide range of experience handing family law cases.  

How Much Do We Charge? 

We completely understand that, especially when going through a divorce or separation, money can be a huge concern. Therefore, we ensure our fees are fair, reasonable and transparent. We offer a variety of fixed fee packages for our legal assistance. If you decide to proceed with Jones Whyte, we will ensure to provide you with regular updates on fees and charges. 

To discuss your case further, please contact us today on 0800 292 2035.