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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11559
Experience:  30 years as a practising solicitor.
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ON WINDING UP AN ESTATE FOLLOWING DEATH, INVOLVING SALE OF

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ON WINDING UP AN ESTATE FOLLOWING DEATH, INVOLVING SALE OF A FARM AND SEPERATE TOWN HOUSE. ALL KNOWN TAX LIABILITIES HAVE BEEN PAID. IS THERE ANY OTHER REASON FOR WITH HOLDING PAYMENT TO THOSE INCLUDED IN A WILL?

IF MONIES ARE BEING WITH HELD, IS THIS A CRIMINAL OFFENCE?
Thank you for your question.

As a beneficiary of the estate, your friend is entitled to know what is happening, especially after three years which is quite a long time if the estate is a simple one.

There is no reason to withhold payment if the estate has been ingathered and the debts paid.

You may want to arrange to see the solicitor face to face or if this doesn't work put in a complaint to the Scottish Legal Complaints Commission. See www.scottishlegalcomplaints.com

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

request answer to :


 


IF MONIES ARE BEING WITH HELD, IS THIS A CRIMINAL OFFENCE?

No, not unless the lawyer is attempting to perpetrate a theft or fraud on the estate. Slowness or incompetence is not a criminal offence. You would have to have evidence of what the lawyer's intentions are before you can make a theft or fraud accusation.
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