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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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Family and Prevent abuse from an immigrant to be

Customer Question

ONLY qualified/certificate lawyers/legals please.

This is a question regarding someone immigrating from Pakistan and whom I would like to stop in whatever way is possible. This is indeed an immediate family related issue and I will try to explain the situation without much emotional baggage. My sister who is a quiet and unconfident 18 year old lives at home with mother. I live in England whilst they live in Scotland. Due to several family issues after the deep loss of my father 4 years ago, I have only kept in touch with my sister as we are very close. I have only found out very recently that my sister and mother went abroad to Pakistan without telling anyone (granted they are adults but you still let family members know where you are for safety etc...). During this time, my sister was slapped/abused physically and this has completely torn me to pieces. This was abused by a person who is now known to believe to be someone who has married my mother... without me (the son) or anyone else knowing! Now, this person is someone whom I know but not enough. A few years ago, he was always asking my family (especially my father) about wanting to come to the UK and for that we need a visa. We of course can't do that, then he asked me (as I have a UK business) and I said I can't do it. So he has always wanted to come to the UK and this seems to be an opportunity for him to take advantage of the situation (my father is no longer with us and family is still grieving - my sister has been the hardest hit), and basically ruin/destroy the family given how all this has happened. My mother doesn't care I have been told - no love/care/respect is given to my sister and this is such a big worry. My sister lacks confidence already given other things that have happened before and hearing that he laid his hands on her really makes me blow my trumpet. I DO NOT want him anywhere near her or even living in the same house. My sister cannot live on her own (she is studying and works part time) as she is not confident nor has the money and I wouldn't dream of allowing her to live on her own. I unfortunately cannot have her live with me as the place I live in is not hospitable for a number of reasons and I am also in the process of setting up my business in the US and migrating over there due to this. To cut the long story short (sorry for the lengthy question), I want to know how it is possible to stop the scumbag from immigrating to the UK? I do believe his visa has been approved and will be coming over in 2 months time. It is a difficult situation since we come from a background of strict upbringing but with lots of respect and dignity. We don't over-react and pick up the phone every time to the police or anything, we keep things within the family no matter how difficult things are but since I am now taking the role from my father... its difficult and stressful to find the right thing to do given all of this. So I would appreciate your understanding in my dilemma and situation. I do feel this is also a sham marriage in a sense as I have said that he has wanted a UK visa. He is already married and has children abroad. He has no prospects of even getting a job in the UK and does not speak very well English either. Please, I would appreciate everything you can give. I cannot find anything that remotely could help online. I also was told that I should be entitled to something regarding my fathers assets however I have not been given anything or aware of much. I do know that my father had life insurance (no will) and that apparently my mother had around £50K issued to her, which she is spending like there is no tomorrow and not providing support to my sister. What does one do in this situation? I am so torn apart.

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If this visa has already been granted then what you have to do is see a solicitor straight away and ask him or her to write to the Border Agency to express your concerns that this person has been violent towards your sister and you wish them to review the situation. A letter to the local police where your sister stays would also be of use.
Other than that, I am afraid that there is nothing further you can do other than perhaps write to your MP and ask him if there is anything he can do for you. Presumably he has applied for a spouse visa with the blessing of your mother.
That being the case there is no legal basis for you to make a challenge and all you can do is object to as many people in authority as you can.
As regards ***** ***** father's estate, under Scots law children have the right to claim on the estate in many cases. Where there is no will, however, the widow would typically inherit the estate and the widow's prior rights would in many cases, and certainly in the case of £50000, mean that the children would not inherit at all as the estate is exhausted at a level prior to the children being able to claim.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you. I appreciate the response. I would find it a miracle if the solicitors can contact the border agency as it appears impossible to get a hold of any contact details as they either do not exist or are very old/outdated and no new leads to contact them.

my father had either 100K or 150K insurance. I would have thought if anything at least my sister would be entitled to something? I know mother got the house and furnishings but not sure what else and not even sure what was part of the confirmation.

regards ***** ***** abuser: it is a serious worry. Seems the country will let anyone in and no protection for UK residents?

Expert:  JGM replied 2 years ago.
Thanks for clarifying the position as regards ***** ***** You'll have to know what other money and moveable property your father had, that is, everything except the house and furniture.
After payment of widow's prior rights you and you sister are each entitled to one sixth of moveable property by way of legal rights, your mother is entitled to a third and you and you sister share the remainder.
So let's assume that your father left £150000. The widow gets £50000 prior rights leaving £100000. Of that, you and your sister get two thirds between you and your mother gets a third. So you and your sister would get £33,333 each.
I suggest you instruct a solicitor in Scotland to get a copy of the Confirmation document from the court or otherwise investigate what has happened to your father's estate.
Your solicitor will also know how to contact the Border Force.
Customer: replied 2 years ago.

Thank you.

In regards ***** ***** way mother is spending money recklessly, is there a way (given being the only son of the family) to place some court order to freeze assets or get rights over property or the like?

Expert:  JGM replied 2 years ago.
No there isn't on a general basis. However, as a beneficiary of your fathers estate you could sue for your share of the estate if your mother, as executor, hasn't paid that to you. Your sister could do the same. You could then ask the court for an arrestment order to freeze assets or an inhibition to prevent the sale of property.
Customer: replied 2 years ago.

Thank you. Indeed I did not receive my share and I am sure nor did my sister however there really is no physical property AFAIK. The house is council rented, furnishings were bought by my father. The car that was then was from the Motability scheme or something of that nature.

Customer: replied 2 years ago.

I received the confirmation.


the total assets (money) is around 120K. there were 2 separate life insurances made under the same company which makes up 99% of this value.


 


On the confirmation papers, it says that as the widow of the deceased that she has sole ownership (or something to that affect) of the estate as per section 8 and 9 of the succession act 1964 of Scotland


 


does this mean I get no rights?

Expert:  JGM replied 2 years ago.
If there is no will, the widow is entitled to £50000. The remaining monies would be divided as follows:

One third to you and your sister between you equally.

One third to the widow.

One third to you and your sister between you.

So you and your sister are entitled to about £23000 each.
Customer: replied 2 years ago.

Thank you again. I understood this from what you stated earlier but my concern is this written statement in the confirmation document (declaration):


 


"The widow of the said deceased who died intestate and as such am entitled to the deceased whole estate by virtue of section 8 and 9 (2) of the succession (Scotland) act 1964 and to be confirmed executor dative qua elict as per petition xxyyzz granted on <date> at <sheriff court>"

Expert:  JGM replied 2 years ago.
Unless there are substantial debts which take the moveable estate to less than £50000 you and your sister are entitled to your legal rights.