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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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My grandfather passed away two years ago. He only had two

Resolved Question:

My grandfather passed away two years ago. He only had two sons ( my father) and one other who was deceased before him. He has three surviving grandchildren....myself, my brother and one son to my late uncle. When my grandfather died he had a bank account in his name and my fathers name, his only surviving son. My father had power of attorney and became executor of the will. He left a will that said that half of the money should go to my father and the other half was to go to his grandson as his other son was deceased. So my dad sent a cheque for the exact half. It has since been returned advising that he doesn't want the money as he expected more! My dad then got a letter advising him that the grandson wanted my grandfathers house to be sold....even although the deeds were in my parents name and had been some time prior to his death. The cheque was sent back to my dad over a year ago. There has been no contact since then. Does my dad have the right to bank this money? What are the chances of the house being forced for sale? Thank you for your advice.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The most the grandson is entitled to is half of moveable estate. The house isn't part of the estate and is irrelevant.
Your father has duty as executor to wind up the estate. The legacy has been rejected but the grandson hasn't waived his rights to it.
Your father or the solicitor has to keep the money. The grandson's entitlement to it will expire in 20 years.
I hope this helps. Please leave a positive response so that I am credited for my time.
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