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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11419
Experience:  30 years as a practising solicitor.
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Regarding a late brothers will leaving property to be divided

Resolved Question:

Regarding a late brothers will leaving property to be divided equally between 4 siblings, and if one of the siblings libel an other. what would advise? Please.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Your question isn't clear as regards ***** ***** will says. Can you be more precise?
Customer: replied 2 years ago.
The will says that the estate should be devided equally and amicably between the four surviving siblings
Expert:  JGM replied 2 years ago.
Can you help me with the following?
Your brother has four brothers or sisters?
Does he have a surviving spouse or any surviving children?
What is the thing you referred to in your initial narrative which said:
"and if one of the siblings libel an other"
What do you mean by that?
Customer: replied 2 years ago.
My late brother had one brother and three sisters. He was a bachelor. It seems the sibling is implying in writing that the other sibling has been taking property from the house without permission from the other three which is absolutely untrue.
Expert:  JGM replied 2 years ago.
Thanks for clarifying that. It is for the executor to establish and recover the estate and distribute it to the beneficiaries. I take it you are referring to house contents. To be honest with you unless the stuff which is allegedly being removed is valuable, the executor should not be doing anything other than changing the locks on the house to protect the contents. To spend a lot of time and money arguing over it is unlikely to be a useful way of spending the money in the estate.
The executor should change the locks on the house and get on with winding up and ingathering the estate for the benefit of the family.
Happy to discuss further.
Customer: replied 2 years ago.
Wat should be done about the implied libel. Shoud the solicitor be informed about it
Expert:  JGM replied 2 years ago.
Any libel has nothing to do with the estate itself and would be between the person being libelled and those doing the libelling. They can fight that between themselves but the estate won't be paying for it and won't be affected by it.
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