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, Solicitor
Category: Law
Satisfied Customers: 12183
Experience:  30 years as a practising solicitor.
Type Your Law Question Here...
JGM is online now

Is a claimant rights in Scotland entitled to see

This answer was rated:

Is a claimant for legal rights in Scotland entitled to see bank statements of deceased prior to his death
Thank you for your question.
No such a claimant is not. Legal rights is calculated on the basis of moveable estate at the date of death and the executor is the person that ascertains the extent of the estate as at the date of death. A legal rights claimant is not entitled to see anything other than the executry account unless a court says otherwise.
Please leave a positive response so that I am credited for my time.
Customer: replied 3 years ago.
How does a court decide? is it at their discretion or is an automatic decision. Surely if the confirmation has been prepared by professionals and passed by the revenue and sheriff court the executors do not have to disclose the personal details of a joint account prior to death. And if the husband has died it cannot be right that the surviving wife'S part of the joint account is open to scrutiny by a legal right claimant. Where does data protection come in?
Data protction is irrelevant as an executor would not be registered as a data holder under the Act.
An beneficiary to an estate, if not satisfied that the executor has acted properly, can apply to the court for an action of count, reckoning and payment, in other words to make the executor disclose the administration of the estate. Part of that would be establishing the extent of the estate and from where it was ingathered. That would involve the balances of accounts at the date of death, not before death, as at the date of death.
Orders in such an action are discretionary and based on specific circumstances.
JGM and other Law Specialists are ready to help you