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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11147
Experience:  30 years as a practising solicitor.
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My husband died 2 years ago and executors are delaying

Customer Question

My husband died 2 years ago and executors are delaying settling estate. It is not complicated , no iht. Estate just over 180k. What can I do
Submitted: 1 year ago.
Category: Scots Law
Expert:  clairep80 replied 1 year ago.


Thank you for your question

My name is ***** ***** I shall do my best to help you

Who are the named Executors and what is the nature of the estate?

Customer: replied 1 year ago.
They are my husbands brother and sister. It is moveable and the house is life rented to me. I am residuary beneficiary
Expert:  clairep80 replied 1 year ago.

Are you by any chance in Scotland?

Customer: replied 1 year ago.
domiciled in Scotland. They ignore solicitors request for instructions and are delaying administration
Expert:  clairep80 replied 1 year ago.

Since Scottish law is slightly different I shall opt out and transfer you to the correct section. There will be a short delay but

please be patient - my colleague is well worth waiting for

Expert:  JGM replied 1 year ago.

I am a Scots lawyer and will help you with this. The executors have a duty to wind up the estate without undue delay in the interests of you, the beneficiary. Whilst there is no easy way in Scotland to remove executors, you should instruct a solicitor of your own to demand answers via their lawyers. If, as you say, they are already ignoring that solicitor then your remedy is to go to court and raise an action of what is called "count, reckoning and payment". That is where you ask the court to make them account for their actions or inactions, the court reckons what you a due from the estate and makes an order against the executors personally to pay that sum to you. Normally just the threat of such an action is enough to for them to get on with it. Happy to discuss further.