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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12071
Experience:  30 years as a practising solicitor.
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My father died 3 years ago leaving everything to his partner.When

Customer Question

My father died 3 years ago leaving everything to his partner.
When she died she agreed to have everything shared between the siblings.
However, when my father died his partner was in a home as she was not sound
in mind. This ment her daughter would look after her finances.
We knew exactly how much money my father left, but we had no idea how
much his partner had.
His partner has since died, we have been told there is no money to be shared out.
Do we have any rights to ask to see her bank accounts and where the money has
been spent that was left from my father.
As explained before she has been in a home all the time.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

You have legal rights in your father's estate. You and any siblings have a joint claim for one third of his moveable estate as at the date of his death. The claim is made to his executors.

That claim is irrespective of any will.

Who was your father's executor? You can make a claim for legal rights against that person and ask to see an accounting in respect of your father's estate as at the date of his death so that your entitlement to legal rights can be quantified.

I am surprised that you have been given advice that you are not entitled to anything unless you renounced your claim for legal rights in your father's estate. If you did that then your claim is lost unless the partner left a will leaving you a specific legacy from what would by that time be her estate. you have no automatic right to her estate or any part of it unless she left a will leaving you a legacy.

That is the problem with second relationships.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

Two identical wills were done, naming all siblings in it. Both stating that anything left should be shared equally.

We have been informed by her family that there is no money left.

Have we the rights to ask where the money has gone, bearing in mind

there mother had been in a home since my fathers death. (she had dementia) so was unable to spend any money. We know policies have matured since (quite sizable amounts) aswell as monies in there joint bank accounts. We know she had her own bank accounts have we the rights to ask to see them (as l am named on the will). Do you think i should get a solicitor involved. Or is there someone l could report this too as l do believe they are hiding money or have spent the money amongst there family.

Customer: replied 4 years ago.
Relist: Incomplete answer.
Expert:  JGM replied 4 years ago.
You should instruct a solicitor to demand an accounting from the executor of your father's estate.

As potential legal rights claimants on this estate you are entitled to an accounting.

You should also ask for an accounting from the executor of the partner on the basis that you are a beneficiary of the estate.