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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11146
Experience:  30 years as a practising solicitor.
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My brother died. He had no relationship with his parents.

Resolved Question:

My brother died in Scotland. He had no relationship with his parents.
He was estranged from his English partner whom he never married but does have a 10 year old daughter to her.
I am the oldest surviving male member of the family, but though we have the same Mother, we have different Fathers. Do my older sisters have legal rights above me regarding funeral arrangements, or does the oldest male relative have overriding authority? Whom should the Death Certificate be released to?
How do I ensure his daughter aged 10 (Born in England) outside of wedlock is considered?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
His daughter is his sole heir on intestacy. Unless there is a will saying otherwise his estranged partner is entitled to be executor as representative of his daughter. If she defines, any one of the siblings can do so. The oldest male having authority hasn't been the law for many many decades.
I hope this helps. Please leave a positive response so that I am credited for my time.
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