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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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My self and husband , having been power of attorney, next of

Customer Question

My self and husband , having been power of attorney, next of kin and laterally - executors and beneficiaries of my husband's aunt's will. now have a possible contesting of her will, from my husband's brother. He had very little to do with her over the years but sees it as his right to have share of money! She specifically mentioned that he was not going to be in her will, as he didn't visit etc. Originally , he was due to get a small legacy, in the previous will. As she left nothing to anyone else, we organised legacies to various family members, friends etc. When she made her last will in 2010, she had just been diagnosed with vascular Dementia , which became worse around 2012/13. She had plenty of regular visitors who can vouch for her long term memory at that time. It was mainly her short term memory that was a problem then. Has he got a case.........
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

What is the basis of his challenge?
Customer: replied 3 years ago.
Sorry thought you would reply on previous page , then tried emails. Basis of claim is to get what he thinks he deserves
Customer: replied 3 years ago.
Relist: Other.
I did not check emails and missed initial reply. Now not getting a reply?
Customer: replied 3 years ago.
Relist: Other.
I did not check emails and missed initial reply. Now not getting a reply?
Customer: replied 3 years ago.
Not getting reply from anyone. Nothing for last 40 mins?
Expert:  JGM replied 3 years ago.
Sorry this is not an instant one to one service. I have been dealing with other customers but aim to answer you as soon as I can.

You replied that the basis of the claim was that he should get what he deserves. That is nonsense.

Where the testator is not a spouse or a parent there is no automatic right to inherit where a will has been left. He has no right to inherit.

Further from what you say, you aunt was, at the time she made her will capable of doing do. However even if he decided to challenge on the basis that she was not, he could still not inherit without some legal basis and there is none as regards XXXXX XXXXX

He has now case. However, in passing, I would not suggest that you put in print or communicate that part of your narrative to me that states "we organised legacies to various family members, friends etc." if that relates to you assisting her to make her will. If, of course you are referring to a variation of the will after she died then there is no issue.

Happy to discuss further.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 3 years ago.
we did give legacies etc out after she died. What should we do now?
Expert:  JGM replied 3 years ago.
Were the legacies made in the will?
Customer: replied 3 years ago.
No, we did so as executors after will read. What should we do now?
Expert:  JGM replied 3 years ago.
Nothing. As long as the legacies were made either in terms of the instructions made in the will or by the executors personally from their share in the estate there can be no criticism of the executors.

However that is separate from the brother of your husband. He would have to prove that the testator would have left him a legacy. And didn't do so because she was influenced not to do so at a stage in her life when she was easily influenced.

Nothing in your narrative suggests that was the case. I advise you to ignore the brother. It is doubtful that he will want to raise court proceedings. If he does, come back to me.
Customer: replied 3 years ago.
thanks, I do feel a little better. Believe it or not, we are/ were areally close family. My husband has just lost his mum. It is only the 2brothers left! How can money be such an influence! Things that have been said , can't now be unsaid.
We have also checked previous wills and he featured in a small way in one and not at all I another. So not as if he had been favoured at any time in the past. Hope it ends without legal proceedings?
Expert:  JGM replied 3 years ago.
You're welcome.