An unfortunately common situation involves a loved one passing away, and what should be a time for family to pull together turns into a disagreement about what happens next. Estate disputes can come out of nowhere, sometimes it’s because a will isn’t clear, other times it’s because someone feels they’ve been treated unfairly, whatever the reason, these situations are tough, and they need handled with care.
The good news is that in Scotland, the law gives clear routes to resolve most estate disputes, if you know how to approach them.
What Counts as an Estate Dispute
In Scotland, someone’s “estate” means everything they owned when they died: their house, savings, investments, furniture, even their jewellery. Problems start when people don’t agree on how those things should be shared out.
We tend to see a few common kinds of estate disputes:
- Arguments about whether a will is valid
- Situations where there’s no will and the law decides who inherits
- Family members claiming they’re entitled to part of the estate
- Disagreements over how the executor is handling things
It doesn’t always mean bad blood. Sometimes it’s just confusion or a lack of communication. But estate disputes can get worse quickly if people don’t take early advice.
Legal Rights and How They Work
One of the most misunderstood parts of Scottish succession law is legal rights. These rights mean that even if someone writes a will, their spouse, civil partner or children might still have a legal claim to part of the estate.
Legal rights only apply to what’s called moveable estate, that’s money, investments, furniture and so on. Land and houses are heritable estate, and those aren’t included in the legal rights calculation.
If both a spouse and children are alive, each group can claim one third of the moveable estate. If there’s only a spouse or only children, that share goes up to one half.
These claims often trigger estate disputes because they cut across what’s written in the will. Beneficiaries can be caught off guard when someone comes forward with a legal rights claim, and that’s where solicitors step in to explain the law and find a fair solution.
When Wills Are Challenged
In most cases, wills are valid and straightforward. But sometimes people have genuine reasons to question them. Under Scots law, there are a few clear grounds for doing that:
- Lack of capacity: The person didn’t fully understand what they were signing.
- Undue influence: They were pressured or manipulated into changing their wishes.
- Problems with signing: The will wasn’t properly witnessed or executed.
- Suspicion of fraud or forgery: The document doesn’t look genuine.
If any of these apply, the first step is to speak to a solicitor quickly. Evidence fades, and there are time limits to act. The process can start by gathering medical records or talking to witnesses who were there when the will was signed.
Defending Wills and Executors
Dealing with estate disputes also involves working with people on the other side, such as executors or beneficiaries who are trying to defend the will or handle a challenge. Executors have a duty to deal with the estate properly, that means valuing assets, paying debts, and sharing what’s left fairly.
Sometimes, though, executors are accused of acting too slowly or not being transparent. Family members might not understand what’s happening, which can make things feel worse. We’ve found that simple communication can solve a lot of estate disputes before they grow.
In more complicated cases, mediation or negotiation can be options before thinking about court. Talking things through, even if it’s through solicitors, is nearly always better than going straight to the sheriff court.
When There’s No Will
If there’s no will, the law steps in. This is known as intestacy, and it’s covered by the Succession (Scotland) Act 1964.
Spouses and civil partners get what’s called prior rights. This usually means the right to the family home, up to a certain value, plus furniture and a cash payment from the estate. After that, the remaining money or assets are divided according to strict legal rules.
If someone wasn’t married or in a civil partnership, things can get tricky. Long-term partners who lived together don’t automatically inherit, although they can make a claim to the court within six months of death. These are some of the hardest estate disputes to deal with, as the law can feel unfair to those left behind.
Going to Court
Not every dispute can be settled around a table. When agreement isn’t possible, the case might end up in the sheriff court. That’s where most estate disputes in Scotland are resolved. The court can decide if a will is valid, if an executor has acted properly, or how assets should be divided.
Going to court isn’t something anyone enjoys. It takes time, money and emotional energy. But sometimes, it’s the only way to bring closure.
Preventing Future Problems
Most estate disputes could be avoided with clear planning. This is why it’s so important that you make a valid will, review it every few years and talk about your wishes with family. A well-drafted will, checked by a solicitor, reduces confusion and helps prevent arguments later.
Executors can help too by being open and organised. Keeping good records and sharing updates can make a big difference to how smoothly things go.
Final Thoughts
No one expects an estate dispute to happen in their family, but they’re more common than you might think, when emotions are running high, it’s easy for small misunderstandings to turn into major issues.
Understanding how succession law works in Scotland and getting advice early can save a lot of stress. whether you’re questioning a will, defending one, or just trying to keep things fair, reliable legal guidance can make all the difference.