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my mother died last week we had not spoken for three years,my sister told me i was not welcome at the funeral so i presume i have been left out of the will as well as i have not been told anything,i live in scotland can i do anything about this
Optional Information: Province/Country relating to question : scotland Already Tried: nothing
Hello,
You may not be welcome at a funeral but that has no bearing on what's in the Will.
You cannot be "written out of a will" in Scotland, or under Scots Law, because there are certain rights that attach to the children of the deceased.
An Executor or Executors will be appointed, usually a solicitor but not always...you need to contact the Executor(s) and acknowledge your claim to your portion of the estate; that's always assuming that there is an estate to distribute.
Once you contact the executor it will be his/her job to keep you informed and to produce a statement of affairs. You are entitled to see this statement. It effectively lists all the property - houses and furniture, bank accounts, shares etc - owned by your mother.
The executor then goes for confirmation of the estate by submitting the statement on a
specific form to the local Sheriff court. Once this confirmation is granted by a Sheriff the Executor can ingather the estate; that is all the bank accounts and savings accounts, shares and assets are effectively transferred to the Executor so that he can out the true value in moveable property (cash, jewellery etc) and heritable property (houses etc) and then apportion it to the beneficiaries of which you are most certainly one of at least two - you and your sister and any other children.
Hope this helps.
Experience: Law degree with Honours, Diploma in Legal Practice