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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12064
Experience:  30 years as a practising solicitor.
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My mum died 4 weeks ago and we had discovered she had about

Customer Question

My mum died 4 weeks ago and we had discovered she had about £30,000 . I am next of kin. And she left no will . We have to apply for court of probate . I have 2 brothers one who I see and one who had not seen my mum in 20 years and made her and our life a misery. What would be the position under law about dividing what would be left of her assets please
Submitted: 2 years ago.
Category: Scots Law
Customer: replied 2 years ago.
She lived in a council property which has now been returned to the council and furnishings and personal effects been passed to charities .
Expert:  JGM replied 2 years ago.
Thank you for your question.
Assuming your mother was a widow, her estate is divided equally between all of her children. One of you will have to apply to the sheriff court for appointment as executor so that you can then go on to get Confirmation (the Scottish term for probate) so as to Ingather the money and distribute it. You may have to instruct a solicitor to apply for the Bond of Caution (insurance policy) required before you can be confirmed as executor and the insurance company may insist that a solicitor deals with the estate where there no will.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Thank you for ur reply
Expert:  JGM replied 2 years ago.
You're welcome. Don't forget to leave a positive rating on the system so that I am credited for my time.