Login|Contact Us
Question and Answer

Scots Law

Ask a Scots Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

my mother died last week we had not spoken for three years,my

 
TNV's Avatar
  • Answered by:TNV
  • Lawyer
  • Positive Feedback: 100.0 %
  • Accepted Answers: 332
Verified Expert
in Scots Law

Recent Feedback

Positive
Good accurate answer Thanks
Positive
thanks for advice
Positive
Thanks. gave me peace of mind.
Positive
thankyou for the reply
Positive
Thanks for your help
Positive
always good to have this site as you never know in life when you need this type...
Positive
many thanks for your assistance
Positive
This information and advice puts my mind at rest.
Positive
Helpful advice

Customer Question

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

Submitted: 1010 days and 8 hours ago.
Category: Scots Law
Value: £22
Status: CLOSED

Accepted Answer

Picture
Expert:  TNV replied 1010 days and 7 hours ago.

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.

Expert TypeLawyer
Category: Scots Law
Pos. Feedback: 100.0 %
Accepts: 332
Answered: 8/8/2010

Experience: Law degree with Honours, Diploma in Legal Practice

Ask this Expert a Question >
 
Tweet

3 Lawyers are Online Right Now

Ask Your Question Now
Scots Law Questions Date Submitted
This question relates to Scots Law and the Housing Scotland 4/22/2013
I am domiciled in scotland, leave a scottish will naming the 4/12/2013
my father passed 8 years ago leaving everything in his will 3/21/2013
My wife and I have a timeshare week with Hilton Grand Vacations 2/13/2013
This is Scots law. My uncle is the executor of his widowed 2/7/2013
Scottish legal rights 1/14/2013
We contracted a local compant to install an new bathroom suit 1/9/2013
My wife has left the marital home and taken our children, however 12/26/2012
I received a letter dated on 17/12/12 from solicitor on behalf 12/22/2012
In Scots law if someone dies whose child predeceased them, 11/28/2012
RSS
Next 10 >
Ask A Lawyer
Type Your Scots Law Question Here...
characters left:

Top Scots Law Experts

See More Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
206 Lawyers are Online Now
Type Your Scots Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan