IHTM12243 - Succession: Scottish Prior and Legal rights: Example of legal rights calculations: Individual succession rights, where claims or discharges of legal rights have yet been made
Molly鈥檚 entitlement
Under the Will, Molly is due around 拢2,650,000, that is half of 拢5,400,000 less 拢100,000 or somewhat less (but no less than 拢2,250,000 - being half of the heritable estate less the legacy plus a third of the moveable estate) if legitim (IHTM12221) claims are made.
Her legal rights entitlement, on the other hand, would be 拢800,000 only, or a third of 拢2,400,000.
She can elect between the two, but cannot take both. In view of the relative values she is most likely to accept the first option.
Joan鈥檚 entitlement
As a stepchild (IHTM12252) Joan has no legal rights in George鈥檚 estate. But, she has been left a cash legacy of 拢100,000 free of tax, which presumably she would accept.
Mary鈥檚 entitlement
No provision has been made for Mary in the Will. But she is entitled to claim or to discharge her legal rights in the estate. Her entitlement is to a share in the legitim fund which amounts to 拢800,000.
John鈥檚 entitlement
John鈥檚 position is the same as that for Mary, except that he has already received a lifetime gift (IHTM12228) of 拢150,000 from George. According to the circumstances surrounding this gift, its value may (or may not) need to be taken into account in calculating how much John is entitled to receive as legitim out of the estate.
Jack and Jill鈥檚 entitlement
As their deceased father James was George鈥檚 legally adopted son, James would have been entitled to share in the legitim fund had he survived. By representation, (IHTM12253) Jack and Jill are entitled equally to the share of the legitim fund James would have been due, had he survived. Being under the age of 16 they do not have the legal capacity (IHTM12251) to come to a final decision on how to deal with their legal rights until they reach the age of 16. For Inheritance Tax purposes the provisions of IHTA84/S147 (IHTM35211) may be relevant.
Henry鈥檚 entitlement
As Henry predeceased George, he did not acquire any legal rights in George鈥檚 estate, and as he left no children (or grandchildren) there is no-one to claim legal rights in his place by representation. The fact that Henry was illegitimate is irrelevant.