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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11143
Experience:  30 years as a practising solicitor.
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Is a claimant rights in Scotland entitled to see

Resolved Question:

Is a claimant for legal rights in Scotland entitled to see bank statements of deceased prior to his death
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
No such a claimant is not. Legal rights is calculated on the basis of moveable estate at the date of death and the executor is the person that ascertains the extent of the estate as at the date of death. A legal rights claimant is not entitled to see anything other than the executry account unless a court says otherwise.
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Customer: replied 2 years ago.
How does a court decide? is it at their discretion or is an automatic decision. Surely if the confirmation has been prepared by professionals and passed by the revenue and sheriff court the executors do not have to disclose the personal details of a joint account prior to death. And if the husband has died it cannot be right that the surviving wife'S part of the joint account is open to scrutiny by a legal right claimant. Where does data protection come in?
Expert:  JGM replied 2 years ago.
Data protction is irrelevant as an executor would not be registered as a data holder under the Act.
An beneficiary to an estate, if not satisfied that the executor has acted properly, can apply to the court for an action of count, reckoning and payment, in other words to make the executor disclose the administration of the estate. Part of that would be establishing the extent of the estate and from where it was ingathered. That would involve the balances of accounts at the date of death, not before death, as at the date of death.
Orders in such an action are discretionary and based on specific circumstances.
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