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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11431
Experience:  30 years as a practising solicitor.
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My mother in law has passed away, can my sister in law sell

Customer Question

My mother in law has passed away, can my sister in law sell the house that my mother in law transferred to my wife. Mother in law set a new will excluding my wife.
Submitted: 1 month ago.
Category: Law
Expert:  JGM replied 1 month ago.

Thanks for your question. I am a solicitor in Scotland. If your mother in law transferred the house to your wife before she died, then the house has nothing to do with your mother in law's estate because your wife now owns it. Presumably that is why your wife was excluded from the will because she had already been given the house. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer: replied 1 month ago.
My wife fell out with mother in law, my wife's name is ***** ***** land register can her sister sell the house, she says a lawyer has new will give her the power to sell the house.
Expert:  JGM replied 1 month ago.

If your wife's name is ***** ***** Land Register then she owns the house and a new will is irrelevant. By the way, in case you don't know this already, if your wife has been cut out of the will she can still claim a quarter of the moveable property in the estate, e.g. , money, insurance, shares etc by way of her legal rights under Scots law. Those apply even if there is a will which doesn't mention her.

Expert:  JGM replied 1 month ago.

Assuming there are two children only that is.

Customer: replied 1 month ago.
Hi there are 2 sisters and 5 grandkids
Expert:  JGM replied 1 month ago.

You are entitled to a quarter of moveable estate then and the house doesn't come into the estate. I hope that is helpful. Please leave a positive rating on the system so that just answer credits me for my time.