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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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My father in law lived in scotland ani live in northwales

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my father in law lived in scotland ani live in northwales my question is is there a solicitor that can help my wife this is the story my mother died wheni was 16 later my father got married to my steo mum who had a boy and a girl as i left home to work in ireland i did not have any connections with them only 3 or 4 times up to now my father left a will making my step brother and sister as exsecutors of the will when we went to scotland they tried to keep us out of my fathers house after travelling for 6 hours we was not invited to the house but when we insisted we used the toiiet and had a cup of tea everything in the house was packed in boxes and a others that was going to the dump what rights do i have as his only daughter do i have the right to see the full will does the solicitor in scotland suppose to let me know what is in the will do i have any rights under scottish law is it any different from english law we cannot afford to run back and forth to scotland nor the money to pay a solicitor in scotland what are my rights under scottish law the ecsutors employed a solicitor on their behalf they sold the contents and the house
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland.
I assume that your step brother and sister are not the children of your father and that your step mother is deceased? Can you confirm that is the case and I will be able to answer your question? Many thanks.
Customer: replied 2 years ago.

yes your right

Customer: replied 2 years ago.

no they are not the children of my father

Expert:  JGM replied 2 years ago.
Thanks for your further information. Under Scots law your father's estate will pass according to his will subject to one important issue. Children are able to claim Legal Rights in the estate. If you are an only child what that means in practice is that you can claim one half of your father's moveable estate. Moveable estate includes everything except houses and land and other buildings. What you should be doing here is contacting the solicitor involved in the estate and asking what, if any, provision has been made for you in the will. If the provision exceeds one half of moveable estate then you should accept your legacy. If otherwise, you should claim your legal rights. Happy to discuss further. In the meantime please leave a positive rating so that I am credited for my time.
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Customer: replied 2 years ago.

do i have the right to have a copy of the will

Expert:  JGM replied 2 years ago.
Technically no, as only the executors have a right to see the will. However as the will would be lodged in court for Confirmation and thereby become a public document there is no prejudice in the executors not giving you a copy. But the legal answer is no, you have no right to see the will.