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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11567
Experience:  30 years as a practising solicitor.
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My Father passed away in sept 2012 - he left a will but was

Customer Question

My Father passed away in sept 2012 - he left a will but was re-married to another woman, we are unaware what was left to anyone and we know children are automatically entitled to some of his movable estate in Scotland and we were advised because his new wife wont give us anything we need to wait until the will is public to view, we have now went through this and got a shock that his will is private and we cannot view it at the sheriff court, somehow even the courts seemed daunted by this and could not explain why, how do we access/view my fathers will and what does it mean if a will is made private? we have been advised this is highly unusual as all wills are normally public after a set amount of time. he was only married to this new woman for 2 years before he passed away, we also know he had a minimum of 100k payout from his fire service before he passed, if she has spent all this how do we get our share?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

If Confirmation to the estate has been granted by the court then you should be able to view a copy of the will and the Confirmation. If the court is telling you otherwise then the court is wrong. Once Confirmatiois granted it is published in the Books of Court which is a public document.

Secondly you should be putting in a formal claim to the executor of the estate for your claim under legal rights. If you don't know who the executor is then you make a claim to your stepmother.

If she has spent all the money since the death and you are rent irked to some of it then your remedy is to sue the estate in the civil court.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.