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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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My father lived with my brother and his wife yes he left

Resolved Question:

My father lived with my brother and his wife for 7 yes he left me his furniture in a will that was all he had they won't give me it its not worth much they own the property is it worth while taking them to court over it
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a solicitor in Scotland.
Unless the furniture is valuable the cost of a court case would exceed the cost of the furniture. Remember, however, that you can ask the court to make them pay the court costs if you win. Perhaps the threat of that would make them give you the furniture.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.
Ok thank you they said if I want the furniture I have to pay for a legitimate removal company with a clause stating any damage to there property must payed for and the company must be fully insured and cover dismantling of goods if I want the furniture am I liable to pay for all this
Expert:  JGM replied 1 year ago.
As the will left the furniture to you, it is the executor's responsibility to deliver it to you. If the estate can't afford the costs, you can volunteer to pay for delivery but it is for the executor to arrange the delivery and take responsibility for it.
Customer: replied 1 year ago.
I am the executor so I guess I have to pay to get my dad's furniture?
Expert:  JGM replied 1 year ago.
I'm afraid so, yes.
Customer: replied 1 year ago.
If I went to court on average how much would it cost?
Expert:  JGM replied 1 year ago.
If the value is less than £3000 you can apply to the small claim court yourself and you would not need a solicitor. The forms are at www.scotcourts.gov.uk. If you instruct a solicitor it could cost upwards of £180 plus VAT per hour and typically about 10 hours of time.
Customer: replied 1 year ago.
Could I get legal aid for this
Expert:  JGM replied 1 year ago.
Not for a small claim action, no.
Customer: replied 1 year ago.
My brother also has a receipt for funeral stating he paid 1960'pound to funeral I was under impression it was my dad's money he says not as executor do I have to pay him
Customer: replied 1 year ago.
My father left 10000 life insurance I split it between me and my other 3 brothers but gave him nothing can I get away with this
Expert:  JGM replied 1 year ago.
No, the executor is not personally liable for funeral costs or other debts of the estate. If there is money in the estate that is fine. If not, then the family generally pay for the funeral.
The funeral should have been paid from the £10000 life insurance as should any other debts and your delivery costs. Thereafter the balance should be divided in accordance with the will, however, if the will doesn't provide for the policy or have a residue clause it would fall to be divided between all the children.
Customer: replied 1 year ago.
Idivided it between everyone except him can he do anything about it?
Expert:  JGM replied 1 year ago.
Yes, he can sue you for his share as you haven't wound up the estate in accordance with the law, I'm afraid.
JGM and other Scots Law Specialists are ready to help you