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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11148
Experience:  30 years as a practising solicitor.
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My mother died in 1987 and I have just come back from abroad,

Customer Question

My mother died in 1987 and I have just come back from abroad, I don't think my brother has dealt with her estate properly - am I able to check
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
You will be able to order a copy of the Certificate of Confirmation from the relevant Sheriff Court. That will contain the estate inventory. That is probably all you can do, however, as there may be no further records available. As well as that, more than 20 years have passed so if he has done something wrong, any claim will be time barred. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.
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Customer: replied 1 year ago.
She lived n Kilbirnie, Norh Ayrshire. I presume that Kimarnock Sheriff would be the one to go to and am I able to request it online
Customer: replied 1 year ago.
She lived in Kilbirne, North Ayrshre,so I am presming Kilmarnock Sheriff Court would have it - and can it be ordered online
Customer: replied 1 year ago.
If she did have a will - wil it be on this certificate f confirmation
Expert:  JGM replied 1 year ago.
Kilmarnock would be the right court. It can't be ordered online. You would have to call the court and order the document. See here for details: http://www.scotcourts.gov.uk/taking-action/frequently-asked-questions/your-questions-on-dealing-with-a-deceased's-estate
Expert:  JGM replied 1 year ago.
A copy of the will would be with the court as well as the copy Confirmation.
Customer: replied 1 year ago.
I will go over there, I feel I should check. Thanks
Expert:  JGM replied 1 year ago.
You're welcome.
Customer: replied 1 year ago.
I contacted the Sheriff court in Kilmarnock and they checked the did not have the certificate of confirmation there, would the bank tell me how much was withdrawn when her bank account was closed if I took up my passport and her death certificate (I made a mistake when I said she died in 1987, it was 27th March 1996 at 09.15. He told me that they would not handle it if she had over 36,000 in her estate but I am sure she wouldn't. I do not want to go to his solicitor as he is a fiend of my brothers and might well have something ready to tell me.
Expert:  JGM replied 1 year ago.
The bank would not keep records back that far I don't think although there is no harm in asking. Unfortunately, however, even with the correct date of death you are just outwith the 20 year period of challenge so there is really nothing you can do unless your brother or his solicitor give you the information voluntarily.