How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
Type Your Scots Law Question Here...
JGM is online now

My Dad died 4 years ago and our oldest brother was made executor.

Customer Question

My Dad died 4 years ago and our oldest brother was made executor. My Mum is still alive and is a nursing home and we need her finances sorted for her. However she still has no idea of exactly what was left to her by my Dad. My brother keeps saying he is not exactly sure what is there. Can we other siblings get a copy of the Will and sort out our Mum's affairs. Our oldest brother controls her spending and she has lived very frugally since my Dad died
Submitted: 2 years ago.
Category: Scots Law
Expert:  Josh-2010 replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if your executor brother obtained probate for your fathers estate please?Was he the sole executor under the will?
Customer: replied 2 years ago.
He was the sole executor, but I do not know if he obtained probate
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland.
The executor is in control of the estate but if he isn't doing his job as executor you can ask him to let you help. Assuming he doesn't want that but yet has failed to obtain Confirmation your ultimate remedy is to ask the court to make him account to you and your mother and siblings as all being entitled to share in the estate, either under the will or by way of your legal rights.
The action is called an action of Count, Reckoning and Payment and the court makes him account for his actions, provide a statement of the estate and then the court makes an order making him pay put the estate. So he has to wind up the estate under the direct supervision of the court.
There should be no great difficulty open finding out what is involved in the estate. Presumably there are bank statements etc which would provide a starting point. It sounds like if your brother is uncertain what he should be doing, he should see a solicitor for guidance.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Thank you! That has been very helpful
Expert:  JGM replied 2 years ago.
You're welcome.