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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11564
Experience:  30 years as a practising solicitor.
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I have spoken to a solicitor in Scotland who is dealing with

Customer Question

I have spoken to a solicitor in Scotland who is dealing with my grandmothers will and I feel the solicitor has breached confidentiality and trust as I believe she has mentioned my conversations with her regarding the will, to my relatives who are the executors. I questioned how and why a 104 year old lady would change her will, who, a year prior had a stroke and suffered from short term memory loss and severe confusion. Now my relatives are refusing to even acknowledge me.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

The solicitor is acting for the executors and so doesn't owe you a duty of confidentiality. Indeed the reverse is the case: the solicitor has to report such conversations to them. What you should do is instruct your own solicitor to write challenging the will on the ground of facility and circumvention. What that means is that your grandmother was vulnerable, subject to influence and not able to change her will as she was incapable of doing so. The solicitor may have to get a court order suspending the further dealing with the estate by the executors pending the court deciding the issue of competence. 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.
My mother is also one of the joint executors, together with her sister (My aunt), yet my mother has no knowledge of the Will being changed. I feel that this has been done by my Aunt or/and her daughter behind my mothers back. In short my mother gets virtually nothing yet her Sister (my Aunt), gets the contents of the property and my her children (3 of the 5 grand children) get the house, virtually cutting my mother together with myself and my brother (other 2 grand children) out. This I know is totally against my grandmothers nature or wishes.
Expert:  JGM replied 1 year ago.

Your mother can contest the will notwithstanding that she was appointed executor. She will need separate representation as the estate solicitor can't act for her in this.