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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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my brother has died intestate and had separated from his

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Hi my brother has died intestate and had separated from his wife not legally divorced. Had negotiated separation agreement and had made will but both unsigned before untimely death. If his wife has made a new will after separation would we be able to use this as she is administering his estate and taking pensions etc? Therefore if she has put in HER will to renounce my brother would this make any difference? Thanks in advance
Also she initiated the separation agreement so would this have any standing as both had negotiated the terms via their solicitors?
Thank you for your question.
No, your brother's estate will have to be wound up in accordance with the rules on intestacy. The unsigned will and separation agreement are of no effect. Any will made by his wife is of no relevance.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
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