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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11447
Experience:  30 years as a practising solicitor.
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I have received a letter from a solicitor in scotland to say

Resolved Question:

i have received a letter from a solicitor in scotland to say that i cannot claim fromthe will and the movable estate i have been in contact with just answer before in september
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
I am having difficulty understanding your narrative. I advised you before that you had a legal rights claim against the estate, even if you were excluded from the will. Can you tell me why you are being told that you don't have such a claim?/
Did your father die unmarried?
Are you the only child apart from the stepchildren?
Please try to write clearly and in sentences so that I can understand and try to help you.
Customer: replied 1 year ago.

i will try to nexplain again im sorry my father died in scotland as you now know and my step sister snd brother are the executors and they have instucted a solicitor to work with them .ive jst had a letter from the solicitor saying that the house which is sold now for 155 thousand pounds the remainder of the estate amounts to 400 hundred thousand pounds what they tell me is a moveable estate i have a twin brother which is in a home since very young an d is well looked after we are my fathers children i had borrowed money from my father and in the will i should pay it back into the estate it amounts to 40 thousand pounds and the others in the will will get the same after paying back my debt i will be left with 12 thousand pounds my brother has legal rights in the estate as well but he was not named in the will so they tellme that my brother will have one quarter share in the movable estate me of course has the choice of the quarterof the movablees under my legal rights but they stress that i cannot claim from the will and under legai rights you have to choose he says that this is a coplicated matter and i must find a scottish solicitor and if i do i will have to pay out of my share for the solicitor i thought that this is the work of the executors to sort out and payed from the estate why should i pay for the legal advice is this not the solicitors work and now they think that they can move forward the other 2 executors are named in the will and it it says that the moneys paid out to us three should be paid back to the estate when asked the amount they had from my father the solicitor says there is nothing to pay back but this is what i want your advice is where do i stand in this you told me previousley that i had a half share in the movable estate as my brother is cofined to a home an i suppose that my father has worked something out with the home that he is in the executors want to share the money from the house now but ive told them that i did not agree until i see all the paperwork and the costs of everything if i agree to share the money from the sale of the house my debt to the estate will be going to the movable estate it looks as if i would be better off in the movable estae and not take the 12 thousand pounds from the sale of the house are they allowed to do this without probate ??

Expert:  JGM replied 1 year ago.
You are entitled to hat ever is left to you in the will OR your legal rights. I was not aware that you had a brother. You described yourself previously as an only daughter. You and your brother have a quarter share of moveable estate each as legal rights OR whatever is left to you in the will.
What is left to you in the will?
Customer: replied 1 year ago.

my brother is in a a home and the letter i had from the solicitor says that they will deal with that matter later

my quarter share would be 1hundred thousand what would happen to the restof the money since they cannot claim for the 2 other quarters because they are named in the will to get 40 thousand each

Expert:  JGM replied 1 year ago.
Only children related by blood can claim legal rights. That is you and your brother. They will have to reserve your brother's share if he can't decide for himself. The remainder of the estate will pass according to the will. If the will doesn't cover the whole estate then the residue (ie, what's left over) would pass to you and your brother as surviving blood relatives.
I think you should get a solicitor and ask him to deal with the other solicitor for you. The cost would be neglible in comparison to the importance of this matter to you and your brother.
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