How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10643
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

My brother died in Scotland owning a house. As far as we are

Resolved Question:

My brother died in Scotland owning a house. As far as we are aware, he made no will. There are two sisters and one brother living. Where do we start sorting out his affairs?
Submitted: 11 months ago.
Category: Scots Law
Customer: replied 11 months ago.
I forgot to say that we are all Irish, and I am contacting you from Ireland.
Expert:  JGM replied 11 months ago.
I presume that there are no wife, children or surviving parents. That being the case the estate would fall to be divided between the sisters and brothers. If there is no will, one of the siblings should apply to the sheriff court nearest to where he was living to be appointed executor dative. That gives him or her the power to act in the winding up of the estate. The extent of the estate has to be ascertained. An inventory of the estate (form C1) is presented to the court and Confirmation (Scottish equivalent of probate) is sought. The executor can then ingather the estate, pay the debts and divide the balance between the beneficiaries. The Certificate of Confirmation also acts as a link in title to the house and enables it to be sold or transferred. I suggest that your starting point is to put all the papers you can find together and take them to a solicitor again near to where your brother lived and ask him or her to act for you in winding up the estate. As there is no will, the executor dative will require a Bond of Caution before being allowed to deal with the estate. That is a type of insurance policy and the insurer is likely to insist that the estate be dealt with by a solicitor. From a geographical point of view that would make sense too as well as you having the peace of mind that the estate will be dealt with by a professional. I hope that helps. Happy to discuss further. Please leave a positive rating so that I am credited for my time.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10643
Experience: 30 years as a practising solicitor.
JGM and 3 other Scots Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.