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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 14610
Experience:  30 years as a practising solicitor.
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My brother was recently widowed, and his late wifes family

Customer Question

Hi, my brother was recently widowed, and his late wifes family refuse to let him see the will in which he is apparently not even mentioned) and are trying to get him to sell his house that he lives in with their 17 year old son. The house they say belongs jointly with my brother and nephew, but they are not paying anything towards the mortgage. They will not speak to my brother unless via solicitor, but wish to come to my brother's house to remove all of his late wifes possessions. Can you advise on the best course of action?
Assistant: Where is this? It matters because laws vary by location.
Customer: In Scotland
Assistant: What steps have been taken so far?
Customer: Just letters back and forth between solicitors. My late sister in laws family will not enter into any discussions unless my brother agrees to sell the house. We cannot understand the motivation behind this. The most recent correspondence from my brother was to advise he understands that he cannot be disinherited, and requesting again to see the will.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: My brother has also asked for a contribution to my nephew's upkeep. They also removed from my brother's house all of my sister in law's jewellery and her car. They have since our based a car for my nephew, and tried to insist that my brother was not allowed to drive it, (for emergencies) although my nephew has not passed his driving test. They have since reneged on this. My nephew did not choose the car.
Submitted: 5 days ago.
Category: Law
Expert:  JGM replied 5 days ago.

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.