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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11143
Experience:  30 years as a practising solicitor.
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Hi, I don't know if I should be proactive in dealing with my

Customer Question

Hi, I don't know if I should be proactive in dealing with my aunt's will? And if so, how? my aunt has just died in London, i live in Scotland, her friend has been helping her since she became ill. friend told me I was named as next of kin, should I ask her for my aunt's death certificate etc?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If you are named executor in the will, you should be asking for the death certificate. You'll also have to get hold of all your aunt's personal papers and property as you are responsible for the winding up of her estate.
Importantly you should ask for a copy of the will to be shown to you immediately so that you can check the position.
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.

It is possible that my aunt's friend has POA and is the executor, in that case, can i still ask for a copy of my aunt's will? I don't understand what the appopriate conversation should be with my aunt's friend. I don't want to offend her, as I believe she did give my aunt a lot of care.

Expert:  JGM replied 2 years ago.
I don't think you will offnd her by asking who is the executor. You are entitled to know that.
Customer: replied 2 years ago.

I have received a copy of a 'home made' will supposedly written by my aunt in 1997. I've got a bad feeling about it, I think the writing on the will and the writing by my aunts executor on the envelope looks very similar. My aunt has stated, she bequeaths to her friend 'everything that I own'. I don't believe my aunt owned property in London, but that is what the friend told me. Also I don't particularly think my aunt had a lot of money, but she had bad dementia when she died and it's possible she had it when 'she' wrote the will. The friend told me voluntarily on the phone that my aunt lived in disarray for years. The friend told me she appointed herself my aunt's 'next of kin' when she put her in a home. However, she was aware of me and other relatives. It has been signed by my aunt, I think but i wouldn't know for sure, annd witnessed by two neighbours apart from the friend. I think I may take it to my solicitor to look at. What do you think?

Expert:  JGM replied 2 years ago.
If it's an English will, you should have an English lawyer look at it and advise as to it's validity. You may also want to consider getting hold of your aunt's medical records from the NHS to see if there is anything about Her state of mind when she purportedly made the will.
Customer: replied 2 years ago.

where do I leave mt positive rating :) i can't see the option!

Expert:  JGM replied 2 years ago.
There's an option to rate the answer which you use.