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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10087
Experience:  30 years as a practising solicitor.
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My mother dies a year past may and my sister is joint executor

Customer Question

Hi. My mother dies a year past may and my sister is joint executor with my brother. she is stalling to sign any papers for the release of any inheritance from the property to her siblings as she doesn't want any of us to get what we are entitled to. She wants nothing to do with us so this is a way of exercising her control over the rest of us which satisfies her immensely. My mother's will is very straightforward. she was part owner with my brother and he had the option to purchase the house outright if he wished and mum's share was then to be split between us all. They have paid over the money to the solicitor but the papers need both executors signatures. My brother.....new owner.....has signed his bit
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
Should have added that this is Scots LAw
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scotland.
I presume it's the final account that your sister is refusing to sign for absolutely no reason other than to be bloody minded.
Here's what to do.
Write her a letter saying you have taken legal advice. You are disappointed at her attitude. She has no reason not to sign the release. If she continues to delay, you will take her to court and raise an action of count reckoning and payment. You will seek the expenses of such an action from her personally.
If she continues to refuse you will have no option but to raise the action. It is not really defendable. The action would call on her to account for her actions, allow the court to calculate the amount due to the benficiaries and it would order her to make payment of the executry funds which failing she could be found personally liable for payment.
I think you'll find that of the letter is worded properly and sent, preferably by your solicitor, that she will cooperate.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.
Hi. Thanks you so much for this. I knew that it would have to be court action of some kind but didn't know if there was actually anything that we could do.You are right. She is just being bloody minded.
Expert:  JGM replied 1 year ago.
No problem. Please leave a positive rating on the system so that I am credited for my time. I am happy to follow up any supplementary question you might have.

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