Legal rights have been a feature of Scots law for a very long time. Prospective beneficiaries only become entitled to claim legal rights if they survive the spouse or civil partner (IHTM11032) or parent (or grandparent) who has died. Provided they do survive the deceased person, their legal rights vest in them by force of law. However, a surviving spouse or civil partner and issue cannot demand the transfer of any specific assets or part of the estate to satisfy their legal rights claim.

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