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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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In January 2009 I moved to Scotland on a temporary basis to

Customer Question

In January 2009 I moved to Scotland on a temporary basis to care for my friends elderly Aunt who had been taken ill and living on her own was in a local Nursing Home where she was not too happy about. My friend, her nephew, knew his Aunt wanted to live out her days in her own home took up my offer to put my own life on a hold in order to take care of her. However before she could move back into her home I had to get the house brought into the modern era and quite a great deal of work had to be undertaken not only to provide a safe environment for her but to enable me to live there. In total I spend over £49,000 which was all of my savings and took a legal charge out against the property in order to safeguard this. The lady's nephew, my friend, together with her solicitor drew up a charging order which was placed on the property at the request of my own solicitor.

Subsequently on Christmas Day 2010 the Aunt passed away. Shortly afterwards her solicitor was suspended by the Scottish Law Society for misappropriation of clients funds I believe and as he was the sole Executor another Executor has now been appointed albeit the said person is a family friend of one of the main benefictories living in Canada with my friend being joint benificitory.

Time has now dragged on......... My own financial credit position as changed from Execellent to Poor as a result of my having no funds to settle debts many of which was due to living in Scotland and maintaining also a life in the West Midlands.

The new executor has not as yet placed the asset onto the market to sell and whilst informing me on a number of occasions that he has queries with the charge but has to date failed to clarify what these were. He has stated that my charge didnot increase the value of the property although prior to the commencement of the work the value was around £89K and is now around £140K I have always maintained that increasing the valuation of the property was not the reason for me to taking care of the lady in question.

One of my questions therefore is can I place the property on the open market to sell; appoint my solicitor to take care of this; in order to be reimbursed with the money I am legally owed etc. and pass on any balance from the sale to the executor to form the balance of the estate etc?

Can I further lodge a claim for all the financial losses and pressures being caused?

If the answer to these questions is NO... then what can I do?

I am 70 years of age and my friend is 62 and both of us are not in the best of health and without funds I am even unable to make provisionn for my own funeral etc.

The Canadian benifictory is only interested in getting as much of the money as is possible for his grandchildren and I hold the opinion that by waiting they hope that one of us or both of us will ourselves pass away but thats just my own opinion.............

I await your advice.

49 St Thomas Close

Phone: 01922 746240 or Mobile XXXXXXXXX
Submitted: 4 years ago.
Category: Scots Law
Expert:  Wendy-Mod replied 4 years ago.
Hi, I am a moderator for this topic. I've been working hard to find a Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Customer: replied 4 years ago.

Yes I will wait for your help

Expert:  Fran-mod replied 4 years ago.
Thank you for your patience. We will continue the search for a Professional for you.
Expert:  JGM replied 4 years ago.
Thank you for your question.

Is it a Standard Security that you have over the property?

If so, you are entitled to have your solicitor call up the security by serving a Calling Up Notice demanding payment of the monies due to you. If you do not receive your payment then you can raise proceedings for possession of the property, can sell it on the open market, get the best price you can, deduct the monies owing to you and give the balance, less your costs, back to the estate.

Happy to discuss further.
Customer: replied 4 years ago.

Thank you for your answer which is truly appreciated. Can you recommend a solicitor because mine in Montrose is ignoring emails etc and I do need, for financial reasons, to move this forward. Do you know of any firm of solicitors who would take on my case on a no win no fee basis as my only income is retirement state pension with no savings so to regain my savings through the charge on the property is essential. My apologies for not responding soon but I have been in hospital having a hip replacement operation etc.



Expert:  JGM replied 4 years ago.
I hope you are recovering.

We are not allowed to make specific recommendations for solicitors on this site but I suggest you contact the Law Society of Scotland which is able to make a recommendation for you.

The contact details can be found at

In the meantime I am pleased to have been of service to you and would be obliged if you would leave positive feedback so that I am credited for my time.