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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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Resolved Question:

My father passed away in scotland 1999, my aunt swore on oath that mysel & siblings were adopted out as children & claimed his estate; what can I do about this? My mother was still married to my father but separated at the time of his death & we were never adopted out; this is fraud; does it matter how many years have passed? My father did not make a will. 

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Wife and children should have inherited the estate. This is a fraud and there is no time limit in reporting your aunt to the police as this is a criminal offence.

As far as raising a civil claim is concerned there is 20 years to make a claim. If your aunt was appointed executor a Bond of Caution would have been required if she applied for a Confirmation. That is a type of insurance policy to insure her actings with the estate. A claim may need to be made there if possible or alternatively court proceedings may have to be raised against your aunt for accounting and payment.

There are several issues here and I think you would benefit from a face to face discussion with a solicitor local to you but these are my initial thoughts.

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