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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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I was appointed Executor of my late Mothers estate in February

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I was appointed Executor of my late Mother's estate in February 2012. A niece had removed all family documents, insurance policies, bank records, photo's and all my Mother's personal belongings including furniture from her home. She did not pass anything on to me but applied to be executrix which she was granted! She has ingathered funds and my solicitor is doing nothing to prevent her! The Sheriff's Clerk says they do not cross check Ecexutor applications but I am executor since I take precedence - but what should my solicitor be doing? I want to fulfill my duties but feel that I am being obstructed at every turn.
Any help would be appreciated
Best regards
Thank you for your question.

I presume there was no will and that your appointment was as executrix dative as was the niece's appointment.

That being the case a child's application takes precedence over that of a more distant relative.

Your solicitor should be applying to the court for an interdict, which is an order preventing the niece from doing any more in connection with the estate as well as delivering up all papers, records and other items concerning the estate. She should also be asked to provide an accounting of her intromissions with the estate and payment of th funds to you.

This is a relatively rare situation and you perhaps want to contact a solicitor who knows what to do. Contact the law society for a recommendation.

I hope this helps. Please leave a positive response so that I am credited for my time.
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