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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11129
Experience:  30 years as a practising solicitor.
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My mother died and at that time my mother and father were

Resolved Question:

my mother died and at that time my mother and father were living at different addresses although not separated although possibly in eyes of law. i am an only child and we cannot find a will. my wish is that my da gets the house in his name but have been told that he is not entitled and it all goes to myself can you confirm if this is the case.
Ka***** *****
Submitted: 11 months ago.
Category: Scots Law
Expert:  Aston Lawyer replied 11 months ago.

Hi,

Thanks for your enquiry.

Could you please just confirm that your parents were never divorced?

When did your Mother die?

Kind Regards

Al

Expert:  Aston Lawyer replied 11 months ago.

Apologies, I have just noticed that you are in Scotland. As an English Solicitor, I will need to opt out. Apologies Al

Customer: replied 11 months ago.
no never divorced my mother died 29/06/16
Expert:  JGM replied 11 months ago.

I am a lawyer in Scotland and will help you with this. The law in Scotland where no will was left is that your father would be entitled to prior rights in the estate of his wife. If they were living together that would include the house. As they were not then the house would pass to you. However you can decline this and ask the solicitor winding up the estate to place the house into the name of your father. All that has to happen is that you, as the owner of the house from your mothers estate, DISPONE the house to your father. Or you can enter into what is called a Deed of Family Arrangement. The solicitor should know how to do this. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11129
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you