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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12176
Experience:  30 years as a practising solicitor.
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My brother died in Scotland owning a house. As far as we are

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My brother died in Scotland owning a house. As far as we are aware, he made no will. There are two sisters and one brother living. Where do we start sorting out his affairs?
Customer: replied 1 year ago.
I forgot to say that we are all Irish, and I am contacting you from Ireland.
I presume that there are no wife, children or surviving parents. That being the case the estate would fall to be divided between the sisters and brothers. If there is no will, one of the siblings should apply to the sheriff court nearest to where he was living to be appointed executor dative. That gives him or her the power to act in the winding up of the estate. The extent of the estate has to be ascertained. An inventory of the estate (form C1) is presented to the court and Confirmation (Scottish equivalent of probate) is sought. The executor can then ingather the estate, pay the debts and divide the balance between the beneficiaries. The Certificate of Confirmation also acts as a link in title to the house and enables it to be sold or transferred. I suggest that your starting point is to put all the papers you can find together and take them to a solicitor again near to where your brother lived and ask him or her to act for you in winding up the estate. As there is no will, the executor dative will require a Bond of Caution before being allowed to deal with the estate. That is a type of insurance policy and the insurer is likely to insist that the estate be dealt with by a solicitor. From a geographical point of view that would make sense too as well as you having the peace of mind that the estate will be dealt with by a professional. I hope that helps. Happy to discuss further. Please leave a positive rating so that I am credited for my time.
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