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JGM
JGM, Solicitor
Category: Scots Law
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Experience:  28 years as a practising solicitor.
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My youngest brother died last Saturday and I have just found

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My youngest brother died last Saturday and I have just found out the my other brother has emptied his bank account and kept the content of his wallet. The brother who died had no children left a funeral plan but as far as I know no will. I heard he was ill - from a nephew and came from Australia to see him. Unfortunately I didn't make it and my other brother took over and completely cut me out. Is it legal for him to have emptied his bank account after he died?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

What he has done is entirely illegal. The money your late brother had forms part of his estate and falls to be divided in accordance with any will or the law of intestacy.

Assuming there is no will and no spouse or parents the siblings fall to share the estate.

You should have yourself appointed as executor by the court and you can then sue your brother and if necessary report this to the police as theft, which it is.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7366
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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