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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11425
Experience:  30 years as a practising solicitor.
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My grandma died in November 1965 and left my grandad and many

Resolved Question:

My grandma died in November 1965 and left my grandad and many children and grandchildren behind. She had always said she had left a will. On my mothers arrival to the home My aunt who lived with my grandparents was burning papers etc in the garden. There was never a will found but I know that when my great grandmother died she had left £500 to my grandmother to buy a house in Edinburugh to ensure all the children had a roof over their heads. Soon after my aunt moved into a home of her own taking my granddad with her and her 3 children. After my grandfather died my aunt could suddenly afford to buy her own home and never had anything to do with the rest of the family after that. There were a number of siblings and grandchildren but they were all convinced my aunt had taken their inheritance. How would I be able to check if a will had ever been registered in my grandmothers name and if so is there anything after all this time that could be done? My aunt is still alive and so are one of her sisters and a brother and many grandchildren and great grandchildren. My grndmother was related to the Shade family who were potato merchants in Edinburgh. Thank you for your advice.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
In Scotland a will is not generally registered. It can be, in the Books of Council and Session but not until the person has died and always by a solicitor who simply wants to preserve the will and ensure that it can't be lost.
From your narrative it is unlikely that your grandma's will was registered before she died. That would have been very unusual. Post death again very unlikely unless there was a solicitor involved.
So it is unlikely that any will is going to be found now. Her estate would have most likely passed to her husband.
However after fifty years any claims that there would have been have long become time barred. The time limit for legal rights claims is 20 years under Scots law.
Happy to discuss further.
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