How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
31090051
Type Your Law Question Here...
JGM is online now

My grandmother's will. She passed away recently, my father

Customer Question

My grandmother's will.
She passed away recently, my father predeceased her. Myself and sister have rights on half her estate. What concerns me is, I believe my Aunt to have the bulk of my Grandmothers money in an account in my Aunts name, which I have no legal right to. My Grandmothers official estate is small. Have I any legal rights to the 'unofficial' estate.
Please advise
Karen Fiddler
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
This is always a difficult situation where a relative has been in charge of the testator's affairs when they have been alive. What should happen is that the person has to establish what funds belong to them and what funds they are holding "in trust" for the deceased. That is what should appear in the inventory. The situation is made worse if the person holding the money is also the executor.
Your best course of action is to engage a solicitor to query these issues with the executor or the executors solicitor. As beneficiaries you are entitled to demand an accounting of the estate. If you don't get it you can ask the court to make the executors give you one.
Please leave a positive response so that I am credited for my time.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.

The executors (my aunt) solicitor has provided an accounting of the estate.

as regards ***** ***** of the money. I put that question to her solicitor, that I think my aunt has a substantial amount of my grandmothers money and was told what my grandmother done with her money in her lifetime was up to her!

Customer: replied 2 years ago.

If your reply will cost me more money, please let me know

regards KarenKaren

Expert:  JGM replied 2 years ago.
It won't cost you more unless you decide to do so.
The solicitor is correct in that anyone can decide what to do with your money. If it is the case that your grandmother decided to make lifetime gifts then that is an end to the matter. If there is any suggestion that there was coercion or undue influence then there could be a challenge on the basis of what is called facility and circumvention in Scots law.
What that means is that an old or infirm person was influenced to do something by someone who was able to influence them because of their relationship.
However, referring back to my initial answer, it is also tha case that anyone who holds funds on behalf of someone doesn't just have the right to claim them when the person dies. For example if Inhave money which is my mother's that she has entrusted to me to look after for her and pay for her living expenses. If she does, the balance doesn't just come to me because she is dead. I have to account to her estate for that money.
I hope this clarifies things.