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JGM, Solicitor
Category: Scots Law
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Experience:  28 years as a practising solicitor.
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My sister signed the will and she is the sole beneficiary

Resolved Question:

My sister signed the will and she is the sole beneficiary can this b right
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

-Could you explain your situation a little more?

Customer: replied 1 year ago.
This must make her not able to make a claim in the will as she was sole beneficiary and my mother had a will made with the lawyer 1998 we didn't know then my sister produced a will of two lines in jan., this year right of the Internet I am 20years older than her
Expert:  JGM replied 1 year ago.
From what you say the will may be challengeable as the witness is the beneficiary but you will have to have a lawyer examine the document to advise further. If you want to challenge the will you will have to go to court immediately as an order will be needed to stop the sister interfering with the estate pending the court deciding the validity of the will.

Happy to discuss further if you have more detailed information.
Customer: replied 1 year ago.
I have a lawyer, and I am having the signature of my mother being looked at by a forensic person and cheques she wouldn't tell me anything about my mothers funeral
Customer: replied 1 year ago.
It's straight forward, can she sign as a witness and still be a sole beneficiary the wil would no longer valid as there no other beneficiary
Expert:  JGM replied 1 year ago.
It's actually not straightforward.

Under Scots law a witness can inherit under a will, although it's not recommended as a matter of practice that a beneficiary witness a will because of the possibility of challenge. It does NOT make the bequest invalid however.

That differs from, say, English law which I think says that a witness to a will can't inherit. That is not the case in Scotland.

Happy to discuss further.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7873
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
The witness were husband and wife friends of my sister didn't put their address on the will I doubt if they were even there
Expert:  JGM replied 1 year ago.
So your sister wasn't a witness?
Customer: replied 1 year ago.
She signed the will after my mother then the other two
Expert:  JGM replied 1 year ago.
Why? Only one witness is needed?
Customer: replied 1 year ago.
Because the Will had two witness on the print Also my sister has had Money to buy a car as well as what she has taken out of my mothers bank with mothers card couldn't even pay for a coffee at Starbucks in Edinburgh unless my mother got out of her death bed
Expert:  JGM replied 1 year ago.
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Customer: replied 1 year ago.
What does that mean would that change anything
Expert:  JGM replied 1 year ago.
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Customer: replied 1 year ago.
What do u mean can u give me a example please
Expert:  JGM replied 1 year ago.
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Customer: replied 1 year ago.
It was written in Scotland they all live there and my lawyer is also Scottish as I am
Customer: replied 1 year ago.
Relist: Answer came too late.
Customer: replied 1 year ago.
Well I asked for u to explain more clearly
Expert:  JGM replied 1 year ago.
You would have to let me see the will.
Customer: replied 1 year ago.
Can't b done sorry

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JGM
JGM
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28 years as a practising solicitor.