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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12092
Experience:  30 years as a practising solicitor.
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my dad died and my oldest brother name is XXXXX XXXXX will i have

Customer Question

my dad died and my oldest brother name is XXXXX XXXXX will i have 4 brothers and two sisters i was wondering if there is a thing in scottish law that i can contest the will or freeze the will at all and stop him for getting all of my dads money
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

I'm assuming your brother is named as sole beneficiary in the will and not just executor and that your father died unmarried.

If that is the case then, irrespective of the will, under the law of Scotland, every child, and every grandchild of a deceased child, is entitled to a share of the estate.

For example if there are seven children, each is entitled to a one fourteenth share of the moveable estate (which means money and other non heritable property) and the terms of the will are subject to this.

If your brother is trying to keep the estate for himself, you will have to get a solicitor involved and possible stop him from dealing with the estate, by way of a court order if necessary.

The showing of the death certificate to the bank will stop anyone taking out money on behalf of your father but won't stop an executor from taking control and this is what you may have to do.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Expert:  JGM replied 4 years ago.
Please let me know if I can help you further here. If not please leave a positive feedback so that I am credited for my time.