Grounds for invalidating
Instead, Heather would have been protected by the forced heirship rules and she could have instead claimed her ‘legal rights’ from her mother’s moveable estate.
This route would provide a more certain outcome and would be far less expensive, when compared with a court action to have the entire will overturned.
Go to the probate court handling the estate and check the paperwork.
They have many advantages, the two most prominent ones being, to protect financial stability, and to reduce conflict that might arise over particular issues in the future.
However, the ‘reasonableness’ of raising such an action will ultimately depend on a number of factors, including (but not restricted to) the following: Evidence Is there evidence to support an action of reduction, or does the challenge amount to the pursuit of an unsubstantiated ‘point of principle’? There must be clear and persuasive evidence to support a challenge to its validity, and full investigations must be made before an action is raised, or even seriously contemplated.
The type of evidence required will depend on the ground on which the will is being challenged.
The question of ‘reasonableness’ is irrelevant when it comes to legal rights as, provided that the testator was domiciled in Scotland at the date of death, they apply universally and automatically.
The advantages of prenuptial agreements Everyone expects, when they marry, that their union will last forever.