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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10639
Experience:  30 years as a practising solicitor.
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Madam I hope you can help me with a question regarding

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Dear Sir/Madam
I hope you can help me with a question regarding my mothers will. The will was written in Scotland and my youngest brother I believe was named as the executor.
My mother died on 21 October 2015, in Scotland, I am one of 5 children. I have requested along with my siblings that we get the opportunity to see my mothers will. My brother, the executor stated if we wanted to see the will we would have to contact my mothers solicitor. I called the solicitors office and was informed that they no longer worked for my mother and we're now working for my brother, he had instructed them that we were not to see the will. However the solicitor did mention that all the children were named as beneficiaries. There is no property involved, however we believe she left approximately 35k.
We have all tried to contact my brother a number of times but he fails to answer our calls and has now blocked us all.
My sister prior to him blocking us said that he was using the money to clear our mothers debts, this is false because my mother had no debts.
Not only the grief of losing my mother, I'm now faced with knowing what to do in this situation. I thought it might help if I sent a letter to him, but I believe he would ignore me. Could you please advise me as a beneficiary, what I should do next as I firmly believe he will spend most of my mothers money claiming it is to clear her debts.
If the only way to resolve this is with legal action is this a lengthy process.
Many thanks in advance for your assistance
Kind regards
Linda
Thank you for your question. I am a solicitor in Scotland. Beneficiaries don't necessarily see the will under Scotls law but they have to be told if they are mentioned in the will as the solicitor has done. However, your brother as executor appears to acting suspiciously. It has to be remembered that the solicitor is not working for your brother as an individual. He is working for the estate and for your brother as executor in that capacity. Where the beneficiaries are unhappy they should engage their own solicitor to demand information and an accounting from the other solicitor. If the information isn't forthcoming an action of count reckoning and payment is raised against the executor calling on the executor to account for his intromissions with the estate and to pay the beneficiaries what is due to them. The court will force the executor to do so if the executor doesn't do so voluntarily. The court also has the power to make the executor pay for the action from his own resources or from his share of the estate. The action could take up to a year or longer. Happy to discuss. I hope this helps. Please leave a positive rating so that I am credited for my time.
Customer: replied 1 year ago.

thank you very much for your expert assistance

Kind regards

Linda

You're welcome. Please leave a positive rating on the system so that I am credited for my time.
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