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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11265
Experience:  30 years as a practising solicitor. Partner in own firm.
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friends of my dead brother maliciously claim he had a child

Resolved Question:

friends of my dead brother maliciously claim he had a child in thailand and this has prevented settlement of his estate in scotland as he was divorced and had no children and left no will - what is the standard
of proof for an heir, bond of caution cannot be obtained
Submitted: 2 years ago.
Category: Family Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The executor has to make reasonable enquiries. However, my way of dealing with this situation is to take out a missing beneficiaries policy which allows the estate to be completed yet leaves insurance cover in place in case any child turns up in the 20 year period from the date of death.
The solicitor should know this.
I hope this helps. Please leave a positive response so that I am credited for my time.
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