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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10254
Experience:  30 years as a practising solicitor.
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My ex partner of 25 years has died. He had never divorced

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My ex partner of 25 years has died. He had never divorced his previous wife and has 3 children by her. I also had a son by him. His previous family is claiming there is no will and that his wishes were that his wife would get the bulk of his estate and that his 4 children including my son would get a "skim" off the top and that the eldest son was to act as executor. We were always led to believe that he had a will in place and everyone would be taken care of. The eldest son is also a discharged bankrupt. How would we got about challenging this and what is our legal position

Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
What is it that you seek to challenge?
What age is your son?
Where is the will that you think he made? Do you know who his solicitor was?
Customer: replied 1 year ago.

We want to know if what the family is doing is legally correct my son is 31 we do not know where the will is and we do not know his solicitor. What is my sons legal position if there is no will

Expert:  JGM replied 1 year ago.
If there is no will the estate will be divided in accordance with the law of intestate succession.
The wife gets:
furniture and moveable household goods up to the value of £29,000
up to £50,000 in cash
a third of the rest of the estate
The children will get two-thirds of the rest of the estate between them.
A former bankrupt may have difficulty in getting a Bond of Caution which is the insurance policy needed for a court appoints executor to administer the estate.
Your son, I suggest, could apply to the court to be appointed executor and take charge of the estate. He is entitled to do so as a son of the deceased.
Happy to discuss further.
Customer: replied 1 year ago.

Thank you for reply. What would happen if assets or funds had already been removed from the estate

Expert:  JGM replied 1 year ago.
The executor gas the power to recover all sums due to the estate and can take court action to this end of required.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10254
Experience: 30 years as a practising solicitor.
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