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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10909
Experience:  30 years as a practising solicitor.
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wills/estates another question: if we raise an action to

Customer Question

wills/estates
another question: if we raise an action to dispute the will of our mother, is there a time limit ? It would most likely be on the basis of coercion. If the estate has been spent by our father, is there anything we can do? his threat was always that if we asked rights re our mother, he would give us nothing 'in the end' (when he dies). However it was always just another way of trying to get all control and access to everything of our mothers.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you question.
Contesting a will should be done as soon as possible because in practical terms if the estate is wound up, it is more difficult to get a result once the estate is distributed.
The legal time limit legal rights, which is a different matter but still has the same legal implications, is 20 years under the Prescription and Limitation (Scotland) Act 1973.
I hope this helps. Please leave a positive response so that I am credited time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10909
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

thanks. As you see from other q's, we don't know anything about her will. he refused to give us a copy of the final one (he wrote), he just threw it under our faces and refused to let us take any copy. Up until then we had been aiting month or so after our Mother died, assuming that the will she wrote herself and had witnessed would be applied. We had no idea he had been in with a copy of a home made will and got her to sign it (week or so before she passed). Recently I asked the court is they have records from the confirmation hearing and we are able to get a copy this way.

Well, no, sorry, we do know, from that sighting and knowing it was an A4. It was a print your own one, and just had a few lines inserted by him, leaving everything to him, and making him executor.

Expert:  JGM replied 2 years ago.
We seem to have two threads going here. I have answered under the other one.

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