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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11125
Experience:  30 years as a practising solicitor.
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My father died in January this year(2016). My mother died 2

Customer Question

My father died in January this year(2016). My mother died 2 years ago. My father left three daughters. I am the eldest. My middle sister is the the only named beneficiary of will. She is also the named trustee of his property. I and my youngest sister inherit nothing.
I am aware of legal rights and my solicitor is dealing with that. However my middle sister ( inheriting everything) has a long history of being dishonest ( applying for jobs with false qualifications and claiming attending university when this was not the case, holding current driving licence which is untrue).
My question is how do I enquire into her being a suitable executor and can I do anything about this? My father left a large estate. Thank you
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Unfortunately, your father appointed your sister as executor. Even if she has a criminal record for dishonesty there is nothing you can do about her appointment. The only challenge you can make is that your father was aged or infirm and was coerced into making the will and appointing her as executor and leaving his estate to her in the will. You can do this if there is evidence available to prove such a case. Otherwise, the law in Scotland assumes that your father was of sound mind and knew what he was doing.