Scottish Law Questions? Ask a Scots Lawyer
Hello Gavin Wood
Thank you for your question.
There is no period in which an estate must be settled, but it must be reasonable The only time limit that must be complied with is that the estate cannot be settled any earlier than 6 months after death.
There could be a number of reasons that the estate is not yet settled. There could be a lot of property to ingather, there could be a house to sell. Whilst heritable property does not form part of a legal rights claim, the whole estate should be ingathered before legal rights are paid out.
I have to add that in my view 12 months is getting pretty near the limit of what is reasonable, unless there is a very good reason for the delay.
For an explanation as to why this is taking so long to settle the only person who can provide a definitive answer is the solicitor administering the estate. You are entitled to this information.
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