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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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My dad and his brother have both been named as executors of

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My dad and his brother have both been named as executors of my newly deceased grandmothers will. My dad's brother has taken it upon himself to deal with everything without the confirmation of my dad. The will is with a solicitor and his brother now wants the solicitor to not deal with it. I am very concerned at what he is doing regarding the estate. My dad is getting no information regarding bank accounts and the rest of the estate, he has had no say in any of the arrangements and all paper documents have disappeared. I would like to know where he stands at the moment regarding this. Who needs to agree to the signing of the C1 form if its just his brother or all the brothers as there are a few of them?
Thank you for your question.

Who is first named on the will as an executor, your dad or his brother?
Customer: replied 4 years ago.

Im not fully sure, I know his brother was not allowed to sign the will.

The will has nothing to do with it. It's just that normally the first named executor signs the will and form C1 for Confirmation (probate).

However, in terms of the law your fathers brother should not be doing anything without the consent of your father as co executor. The institutions such as banks and also if there is a house to be sold all need the signatures of all executors. Your uncle really should be keeping you father in the loop or he runs the risk of your father being in a position to refuse to sign any documents at a later stage.

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

I know about the C1 form and with legal rights etc as I am at the moment studying for my law degree but I just have no idea where my dad stands in this matter. His brother was given the legal access before my gran died to her bank accounts and we are not sure if all is right regarding them. As far as we know she has not changed her will, is there any way we can find out if my dad is still an executor and was first to sign to make sure? Is he able to request a copy of all bank details and the will? I appreciate the help you are giving me.

If your dad was appointed as an executor and there is a solicitor this far involved then your dad should contact the solicitor for a copy of he will. He may also want to affirm to the solicitor that if he is an executor that he wants the solicitor to continue to act so as to ensure that the estate doesn't fall into the hands of his brother.

He should also check if the lawyer is also an executor.
Customer: replied 4 years ago.

Thank you very much, I will get him to contact the solicitor as soon as possible as I fear his brother is going to try and get this all done as quick as possible without any consultation. I am just hoping that he can not do anything without my dads signature.

He can apply for Confirmation but he can't uplift or transfer the estate without all the executors' signatures.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 4 years ago.

excellent, thank you very much. You have really put my mind at ease a little.