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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11442
Experience:  30 years as a practising solicitor.
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Is it legal, if an inheritance is unclaimed and no next of

Resolved Question:

Is it legal, if an inheritance is unclaimed and no next of kin is named that the bank manager administrating the estate can name someone as next of kin in order to make a claim, having entered in to a Memorandum of Understanding?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

If there is no one to claim the estate then it is illegal for an executor to put someone forward unless that person has a legal right to claim the estate by virtue of being a relative.

if there is no one then the estate falls to the Crown and the money is sent to the appropriate government department.

Happy to discuss further if you have more details.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.

What if the bank manager is doing the bank work, deceased was a client of his at the bank, but he is not the executor as such? If this is also not legal, should I be reporting the manager? Manager is from Santander Bank, and client was from Northern Ireland?

Expert:  JGM replied 3 years ago.
What is your relationship with the deceased, how much is the estate worth and how do you know about this?
Customer: replied 3 years ago.

By an email, and I'm definitely not a relation. The whole thing seems like a scam to me, although, as far as I can tell, the manager is who he says he is. However, he must have picked me out of the blue. I'm not 100% convinced that the e-mailer is the person whose name he's using. For a supposedly educated man, he's not got great English. Would it help if I forwarded his emails to you, and a copy of the Memorandum of Understanding? I'm concerned that either this is a fraud by the manager, or a scam with someone using the manager's identity. If it's too good to be true it usually is, and an estate of £20m sounds very dodgy. I wouldn't want to go ahead with this chap, but I want to know if I should report it. I don't want to get anyone innocent in trouble, but it sounds illegal to be named as NOK when you know you're not, and I wonder if he just wants my account details. I think he might just be wanting someone to provide a bank account for the money transfer, and I wouldn't give account details to anyone I don't know and contacted me just by getting my email address from BT Mobile. Thank you for your help in this.

 

Is it legal in England, where the manager works? If I send the emails, you could see the way he tries to explain it.

Expert:  JGM replied 3 years ago.
Thank you for clarifying this.

Yes, this is indeed a scam and you should not enter into any further correspondence. The people behind these communications are extortionists. They try to hook you in then they ask you for ever increasing sums of money as "administration fees". They take your money and then they disappear.

Send the emails by post to the head office of the bank concerned so that they know that their name is XXXXX XXXXX but have nothing more to do with this. It is identity fraud with fake Facebook entries etc.

I hope this helps. Please leave a positive feedback on the system so that I am credited for my time.
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