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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10259
Experience:  30 years as a practising solicitor.
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Dear JMC This is an ongoing matter which I have been in

Resolved Question:

Dear JMC
This is an ongoing matter which I have been in touch with you before. I received a letter from my brother regarding a dispute we are having regarding my mother’s will. Could you please give me advice regarding the following as I have to make sure that I clearly understood what you said previously.1. My brother has stated that because the house and contents were left to my sister that any money and jewellery in the house is hers. How should I respond to this statement legally?
2. If I understood you correctly, no moveable assets can be taken out of the house until Confirmation is received from the Sheriff Court? What are the legal implications if it is not done?
3. When can my sister legally take possession of the property and content left to her in my mother’s will?
4. If my sister takes a large sum of money from the house, is it a police matter?
Submitted: 7 months ago.
Category: Scots Law
Customer: replied 7 months ago.
Dear JGM Scottish Law
This is an ongoing matter which I have been in touch with you before. I received a letter from my brother regarding a dispute we are having regarding my mother’s will. Could you please give me advice regarding the following as I have to make sure that I clearly understood what you saidpreviously.1. My brother has stated that because the house and contents were left to my sister that any money and jewellery in the house is hers. How should I respond to this statement legally?
2. If I understood you correctly, no moveable assets can be taken out of the house until Confirmation is received from the Sheriff Court? What are the legal implications if it is not done?
3. When can my sister legally take possession of the property and content left to her in my mother’s will?
4. If my sister takes a large sum of money from the house, is it a police matter?
Expert:  JGM replied 7 months ago.

1. House and contents usually means the house and the furniture. There is, however, a grey area as regards ***** ***** cash in the house and other valuables. I would say that cash in the house would not be part of the legacy to your sister but the jewellery probably is. 2. The executor can't do anything other than safeguard assets until he is confirmed by the court. 3. Once the executor transfers the property. Moveable property isn't an issue but the house requires a formal conveyance usually by a solicitor. 4. She can't remove cash or anything else as she isn't the executor. It would technically be theft but I'm afraid the police are unlikely to be interested in this so civil action may have to be taken by other interests beneficiaries through the civil courts. I hope that helps. Please leave a positive rating so that I am creditd for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10259
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 7 months ago.
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