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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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My father told me he changed his will and I was on it,, he

Customer Question

My father told me he changed his will and I was on it,, he died a few years ago now and I haven't heard anything from anyone. We weren't close as he left when I was a child and had other family he found me when I was 22 yrs old there's a lot more to it but was wondering how I would go about finding out,
He died of cancer, 1 year after we last spoke and that was when he told me about the will.
Wayne stevens
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Do you know who is executor was or if was married or had other children? These are the direct ways of making enquiries, to get in touch with these people.

If you don't know or feel that you are unable to do so, you could contact the sheriff court in the area that your father lived before his death and ask if any application for confirmation was applied for in relation to his estate. The records are computerised now and such a query is easily answered.

If there is a certificate of confirmation at the court then you can examine the inventory of his estate, find out who the executor is and examine a copy of the will

You would then get in touch with the executor and make a claim, either under the will or alternatively for legal rights which you may have depending on the nature of the estate and whether your father was survived by a wife in the event that he didn't make a will.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10091
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.
He did have a wife and 2 other kids to his first wife . His wife didn't care much about our relationship and I only found out he died through my aunt 2 weeks after funeral... But the last conversation we had he said he changed his will and I would be looked after, after his wife his exact words?
Expert:  JGM replied 3 years ago.
Any idea what the extent of his estate was?
Customer: replied 3 years ago.
No idea he was a head chef for governor of Edinburgh castle had his own home and stuff was quite well of I think . What I really want to know is if he left anything for me even a letter explaining our lost time together . The thought of his wife keeping anything from me is the reason I'm enquiring.
Expert:  JGM replied 3 years ago.
I think unless you can do anything with the court as suggested earlier you will have to get your solicitor to write to the wife. If there was a will and even if you weren't included in it, you would have a claim for legal rights which would be your share, along with other children, of a third of his moveable estate. If there were two other children you would have a claim for a ninth of everything except houses and land.

If there was no will you would still have such a claim but this could be eroded by the widows prior rights which would basically cover the value of a house, contents and £50000 of cash after which if anything remains the children can make a claim.

I would try the court first and if there is no sign of an application for confirmation, see your solicitor to write to the family.
Customer: replied 3 years ago.
Got copy of his will doesn't mention me in it , dated 25/01/2006... Date of death 30/12/2005. Total estate £77,398.00 the rest is gibberish to me what should I do now, Does say date will signed was 28/11/2000?? And executor is his wife.
Expert:  JGM replied 3 years ago.
Did you see the confirmation which includes an inventory of the estate. What is the total value of his moveable estate?
Customer: replied 3 years ago.
Scotland Heritable estate 75000, moveable estate 500.00, England and Wales 1,898.00
Estate Luxembourg 319.18
Total 77,398.00
Expert:  JGM replied 3 years ago.
Where there are three children and a surviving spouse you are entitled to legal rights of one ninth of moveable estate. Looking at the low value of the moveable estate this is not worth claiming. I suspect any other money would have been in joint names and the accounts cleared out or transferred at the time of death and never put on the estate inventory. You will never prove this, however.

I'm sorry but I don't think it's worth making a claim.

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