Ask a Law Question, Get an Answer ASAP!
I am a solicitor in Scotland. Thanks for your question. My view would be that your brother is not being shown the will and he is in the eyes of the law the closest relative and entitled to be executor in the event that there is no will. He should call the wife’s family’s bluff and apply to the sheriff court to be appointed executor on the basis that there is not any will at all. If the family want to oppose this they would have to produce the will to the court and he would then get to see it if it exists at all. Your brother also has a legal rights claim to the estate in any event so all moveable property has to be accounted for by the family even if there is a will. Your brother at the very least is entitled to a third of moveable property. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.