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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12088
Experience:  30 years as a practising solicitor.
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I am wanting to ask some questions my dad died over 3 years

Customer Question

hi I am wanting to ask some questions my dad died over 3 years ago he was remarried and his business and house was left to her what i am lead believed the problem i have is there were two step children who last year he could pay his mortgage and this year now has brand new range rover is there any way i could find out what the will even said as me and my sister have never even been told
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

You and your sister are entitled to legal rights in your father's estate. To see the will go to the sheriff court nearest to your father's home, ask for the commissary department and ask the clerk there if confirmation (probate) was ever applied for in respect of your father's estate. If it was then the clerk should be able to let you see the will and estate inventory.

You should have been entitled to a third of your father's moveable property and the will would tell you who the executors were. If on the other hand there was no will, then your father's estate could have passed in its entirety to your step mother depending on what the extent of the estate was. Again the clerk of court should be able to tell you if someone applied to be appointed executor.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.