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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11149
Experience:  30 years as a practising solicitor.
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In Scottish law does the executor of an estate who is also

Resolved Question:

In Scottish law does the executor of an estate who is also the only other beneficiary have the power to deny any possessions of the deceased to the other beneficiary and keep them for themselves, also no inventory was made of the contents of the deceased house
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The executor has to distribute the estate in accordance with the will. If there are possessions to be divided the executor has to use discretion and act fairly.
It is not necessary to draw up an inventory of the house contents. The executor has to indicate an estimated value on the estate inventory if there is one.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Thankyou for your response, the problem I have is that the executor is my sister and she is. I had a struggle getting one thing from my mothers house that reminded me of her. She has kept things with no discussion with me and gave away items to other people, I feel very frustrated
Expert:  JGM replied 2 years ago.
This is not an unusual situation.
Your ultimate legal remedy is to ask the court to make your sister account for all of these items but unfortunately that is expensive and time consuming.
If you can't talk to her then a letter from a solicitor may help but those are the only avenues open to you I'm afraid.
JGM and other Scots Law Specialists are ready to help you