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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11124
Experience:  30 years as a practising solicitor.
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My mother died 7/6/2014 can I contest her will

Resolved Question:

my mother died 7/6/2014 can I contest her will
Submitted: 1 year ago.
Category: Scots Law
Expert:  clairep80 replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstCould you explain a little more about why you wish to do this?
Customer: replied 1 year ago.
there are 3 sisters and 1 brother. My brother and his son were named as power of attorney 2 years prior to my mothers death and we ceased contact at this time. none of the sisters were informed of her death or any matter relating to the reading of the will. We understand that in SCOTTISH LAW the executors have a legal duty to inform all of the children of the deceased as there is entitlement to part of the liquid assets. Is there a time limit for the will to be contested if we feel that as children of the deceased we were not legally informed at the time
Customer: replied 1 year ago.
I have not received a reply
Expert:  clairep80 replied 1 year ago.
My apologies I have been in a meetingJust to check - your mother lived and died in Scotland?
Customer: replied 1 year ago.
my mother lived and died in Scotland, she was a widow.
Expert:  clairep80 replied 1 year ago.
Then I shall opt out and transfer you to the correct section.It may take a little time but please be patient mu colleague is well worth waiting for
Expert:  JGM replied 1 year ago.
There are two possible issues arising from your narrative. Firstly whether the will itself can be contested. In Scots law a will can be contested if there is evidence that the person was influenced into making a will because of their weak state of mind by persons who were able to exert influence. That is a course which would very much rely on evidence of the person"s state of mind, and in particular their mental and physical health. However I think your question is more leaning towards the issue of the rights of children under the law of Scotland to claim legal rights in the estate. This is not the same as contesting the will itself. Legal rights is simply the process whereby children can claim rights in the estate even if they have been left out of the will. In this case, where there are four children in total, assuming your mother had no surviving husband, each child can decide to waive any entitlement in the will and claim one eighth of moveable property. Moveable property is all property except buildings and land. You have up to 20 years to claim legal rights and the executors should write to all children giving them the opportunity to make a claim or not as the case may be. Happy to discuss. Please leave a positive rating so that I am credited for my time.
Customer: replied 1 year ago.
It seems the executors failed in their duty to inform the children. What action can be taken against the executor by the children who were not informed ?. Is there a time limit for the executor to inform the children ? What actions can be taken if the movable property has been dispersed without the knowledge or consent of some of the children
Expert:  JGM replied 1 year ago.
There is no formal time limit but it should be done as part of the administration of the estate and typically it would be done within a couple of months. If the property has been dispersed already you can sue the executors. If the property hasn't been dispersed but there is no acknowledgement of legal rights then you can apply to the court to stop any dispersal and for an accounting from the executors, in other words court supervision. I hope that helps. Happy to discuss further. Please leave a positive rating so that I am credited for my time.
Customer: replied 1 year ago.
Would it be costly to 1) sue the executors 2) apply for court supervision
Expert:  JGM replied 1 year ago.
Either could be, yes, but you have excellent prospects of success so you would ask for your court expenses to be paid for by your opponents.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11124
Experience: 30 years as a practising solicitor.
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