Elinore P. Drummond, Armadale
When will “an intestate surviving childless spouse” be allowed to inherit the whole estate? At present this law is out of date given the society we live in, in the 21st century.
I, a married lifelong wife and companion of 40 years, am classed lower in the family unit than blood siblings. We were unaware of this law; we assumed as there were no children one would inherit the other’s. As there are 69 per cent of Scots in this country who don’t have a will, they, like us, probably assume the same.
When will they be acknowledged and given their rightful place and the justice they deserve? No person should be allowed to come before a surviving childless spouse. Who has more right to the estate, the lifetime spouse or elderly blood siblings who we were never socially involved with in 38 years? Yet they are allowed to walk away with financially, more than I receive. I didn’t suddenly lose my husband and soul mate, I’ve suddenly been deprived of my life because of this.
I also, because of claims on the estate, lose all my rights to the “spouse inheritance tax allowances”. I’m a 13th generation Scot who has no rights available to me, to appeal or contest the injustice of this unfair law. That’s not the “Scotland governed by the wishes of the people” that I thought we had.
How long must it be under review, discussed, consulted, or whatever other reasons that are given? A report from 1990 recommends “that the surviving childless spouse should inherit the whole estate”. Subsequent recommendations proposed the same, word for word. Yet, to date, nothing has been done.
Who in the Parliament and Government is responsible for ensuring it’s progressed in a timely fashion towards a conclusion and [will] not be overlooked or forgotten about as it has been over decades, because of more highprofile issues?
Why is it that most Commonwealth countries have been able to have this right to the childless spouse in place? They inherit the whole estate. If they can implement it, why is it our justice system can’t; why don’t they take advice from them? Surely it’s the same issue?
How many more Scots have been affected by this law? I would be interested in finding out how many; please contact elinore.pd@btinternet.com
I am utterly disgusted that this is allowed to happen, and that this law has remained unchanged for as long. I cant believe ordinary working class people are being treated like this by our own government, a government that we have voted in to the best by us!!! This law should have been changed a long long long time ago!!!!!!!
I think this law is appauling, I thought this government was for the people of Scotland. I myself are not childless, but if I was I would liked to have thought I would inherit everything, my spouse had worked for.
I think this law is out of date as no person should come before the living spouse. Everything a husband and wife own they have worked together to build this estate it's only right if one dies the other inherits it all.
I think that the time this law has been overlooked is disgusting,one works most of there working live without benefits from the government, saves for there old age,only to have it taken away by siblings who do not give a toss,
I am also utterly disgusted that in this day and age we`re still living under these outdated law`s, let`s move forward.
Grateful to have read this letter as my husband and myself do not have a will.Now that this issue has been brought to our attention we will do so now. This law is a disgrace.
As a male i have worked to provide for my immediate family after my death, not my brother`s and sister`s. nephew`s and nieces etc. This is a terrible law that need`s to be changed.
Our laws must be updated.
The scottish governent must look into these laws as soon as possible. People must be made aware of this law as not every-one have wills. Husbands and wives just assume their estates are passed on to their immediate families.As the goverment is looking to move forward to an independant Scotland first we should move out of the dark ages with laws like this in place.This law must be changed for the benefit of every-one.
This law is unfair and unjust. I am not a childless spouse but if i were i would most certainly hope that as a life long partner, spouse, soulmate and companion i would automatically be entitled to an inheritance that we had worked and saved a lifetime for. In an ideal world you would expect blood siblings to do the right thing and take a step back from such a law but unfortunatley not everyone is thoughtful and compassionate, this is where the government need to interject and change the law that entitles a childless spouse to their rightful inheritance. I fully support this law and hope that it will be passed successfully through our Scottish Parliament sooner rather than later.
I think its an outrage that our government has done nothing to change this far outdated law, something needs to be done and it should be changed now. I knew Mr and Mrs Drummond quite well and i know that Mr Drummond would have wanted his wife to be financially secure and without this burden in her later years of life, i don't think any law should be allowed to give away what any couple has worked together all there life to achieve.
Our Law on Succession is archaic and has not been ‘ fit for purpose’ for 40 years. While UK Family Law and individual rights in European Law have moved on, our Succession Law still permits the
misappropriation of other peoples assets and property.
If we’re creating a ‘New’ Scotland, we urgently need laws made for modern life, not life in feudal Scotland.
This particular Scottish Law is archaeic, would even describe it as unlawful, unjust and utterly unfair. There is no justification for this, dare I say it, 'stupid' law. I thought we had progressed from the dark ages! I had not idea this was still a viable law. As mentioned in previous comments, alot of people do not have wills as they are in good health and think that the law automatically provides for the immediate family, not siblings that they probably have had no communication/relationship with in many years. In fact, could better be described as strangers! For a couple/family to have worked all their life to look after each other then to have it stripped from them is totally diabolical. Scottish Law has to be changed. Recoginise that we do not live in the dark ages anymore and a spouse is legally entitled to inherit everything upon a death if there are no children. What happened to 'what's mine is your's and what's your's is mine???????
I can't believe what I have just read in this woman's letter, WHAT HAS ALEX SALMOND GOT TO SAY ABOUT THIS HE'S THE MAN IN CHARGE ITS HIS RESPONSIBILITY TO MAKE SURE ALL HIS SCOTTISH PEOPLE ARE BEING TREATED FAIRLEY. What has he got to say in his defence next time he faces us when he chants SCOTLAND for THE PEOPLE what a load of codswallop, when he treats us in this way. I don't think he should let this happen he should step in now and stop it and AWARD this woman what she is entitled to. MARRIED for 40 years who has more right to it than her,no other living person should be able to take it from her, Her husband would have expected it to go to his wife AS i MYSELF WOULD as. I didn't know myself about this Law that's not fair to anybody to take what's not theirs, how can her in-laws do this to this poor woman. I don't or can't understand them. and they probably don't need it. DO SOMETHING ALEX……….
I was very saddened to hear of this outdated law and angry that this is currently the case. I am extremely disappointed to be living in a country whose law is effectively penalising a couple for having no children. This law is opening up a huge loop hole whereby distant blood relatives, who have had little or no contact in someone's life, can suddenly gain financially what rightly belongs to a couple who spent their whole life together.
i cant believe what i have just read in this womans letter,what has alex salmond got to say about it,i don"t think he should let this happen he should step in and give her what she is entitled to, her husband of all those years would have expected it to go to her,ididn"t no myself about this law .thats not fair to anyone to take whats not theirs how can her in-laws do this to their own brothers wife i don"t or can"t understand them.
i have got to say i am digusted at the way this lady has been treated i am but a simpleton but am i right in saying if they instead of being happily married for 40 years and had divorced then surley she would have got half of everything house car business savings pansions and all yet cause they were married for 40 years and saved as couples do she gets shafted and is left with less than his family get who have not paid into anything so where is there right to anything they have worked for i think this is simply a law that has no right being in existence and can only be in force to help gold diggers line there pockets if any of you polititions or mps have any decency then get this law changed i bet nothing is ever done as you are all trained liars and only do something about what you all can line your pockets out of hang your heads in shame i am sad to own up to being scottish and alex salmond shoud be put out of a job
This is an utter Disgrace, as one person commented on "an independant Scotland" first we should move out of the 20th Century with laws like this, still they remain in force to this day . Where is Alex Salmond on this issue is he prepared to answer why his Justice Dept haven't made any headway on it. from 1990, again a disgrace. Is he prepared to make a Public Statement to his Constituents on why he has neglected this Law. when he allows this to take place. All 128 MSP's should be ashamed of what has happened here and make it right not tomorrow today, if they call themselves servants of the people, isn't that not what they're there to do. If not change their employment. An utter disgrace……………………..
I re-iterate what has been said in previous comments.
Its a disgrace to Alex Salmond that nothing has been done by his team of Scottish nationalist MP'S in seeing to this when they became the so call saviours of the Scottish People. Where is our rewards, are we to be neglected once again by this horrendous Law you are subjecting us to.
She should have been given the right to keep what is rightfully hers.
Given that the number of couples who choose not to have children has grown by 80% in the last 30 years seems like Succession Law in Scotland is well and truely overdue for an overhaul.
This antiquated state of affairs needs to be addressed, perhaps a condition of legal matrimony is that of full estate ownership upon death. Until then ensure all are made aware of the importance of a will.
i have got to say this law is a joke almost as big a joke as alex salmond he claims to be scottish through and through well if this is the case then why dosent he get this law changed o i know there isnt enough people aware of it yet thefore not enough of a gain in extra voters by doing it so why bother but over last few days he has never been out the paper going on about trying to save halls in broxburn cause 1700 jobs are at risk well alex wake up and smell the coffee and grow a pair 80% or more of the employes you are trying to save there jobs are imigrants send them home and that will be less of a drain on the economy and start looking after your own starting with mrs drummond why shoud she be robbed of her and her late husbands hard earned money and savings GET IT SORTED MR SALMOND !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I am shocked and upset that this outdated law is still in use in this seemingly 'modern' world. A family unit in my opinion is an individual, their partner/spouse and children if there are any. Blood siblings should never be classed higher than a spouse. This law discriminates against couples with no children and should be reviewed and changed to fit in with modern society.