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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12179
Experience:  30 years as a practising solicitor.
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I am the oldest son and when our mother died without leaving

Customer Question

I am the oldest son and when our mother died without leaving a will my younger brothers sold a plot of land in ireland that has been in our family for many years without consulting me and I have not received anything from the sale can I take them to court
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and will help you with this.
If your mother died a widow and without a will, her estate would fall to be divided equally between her children.
One of the children would have to be appointed as an executor by the court so that your mother's affairs could be wound up. If she owned the land, then the executor would have the power of sale of the land but would have to account to all the beneficiaries for the sale proceeds.
Against that background, could you explain your situation a little more please.
Customer: replied 2 years ago.
Hi, my mother died a widow and owned the land in Ireland.As a boy I missed a lot of school to work the land with my father so that my siblings could get an education and have food on the table .This was in the fifties and times were hard,I feel they have disrespected me by going behind my back and selling this land to a neighbouring farmer without even consulting me about their intentions
Expert:  JGM replied 2 years ago.
I understand how you feel about this. The executor has the power of sale and has to divide up the estate equally. Morally he should speak to the family about what is to happen to the property but legally he doesn't have to.
Let me know if I can help you further.