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 ivorylounge Your Own Question
ivorylounge
ivorylounge, Advocate
Category: Scots Law
Satisfied Customers: 33980
Experience:  Over 25 years experience
27487359
Type Your Scots Law Question Here...
ivorylounge is online now

My Nephew aged 24 recently committed suicide in Scotland. He

This answer was rated:

My Nephew aged 24 recently committed suicide in Scotland. He had no children , wife or cohabitee but he had a Mum and Dad and two siblings He left a one page letter to his dad asking that his remaining cash be given out to friends etc in certain amounts. We aren't talking a lot of money - perhaps a few thousand. He may have had a bank account but not much in it. He had no other serious assets. The letter is signed but not witnessed or dated.
What does his Dad need to do to accept on his wishes?.

The reality from what you have written is that he sadly died intestate. As such the estate would go to Either or both parents and brothers and sisters - half to parent or parents and half to brothers and sisters. This is to occur after the payment of any debts etc. It is a matter from them as to whether they wish to comply with the terms of his wishes.

Customer: replied 1 year ago.
Understood - But who can apply to the probate Office ( or whatever its called in Glasgo) to start the process? Normally wills have executors specified but in an intestacy who is the responsible executor? Can his dad act ? Is it a complicated process?
Customer: replied 1 year ago.
Understood - But who can apply to the probate Office ( or whatever its called in Glasgow) to start the process? Normally wills have executors specified but in an intestacy who is the responsible executor? Can his dad act ? Is it a complicated process?. is there a guide sheet I can get online?
Customer: replied 1 year ago.
I have a voip number if you prefer to dial a UK number. Quality can be a bit bad but it would be a UK call. + 44(###) ###-####
Customer: replied 1 year ago.
His assets appear to be about 500 in a bank account and 15000 in an ISA his parents set up for him some time ago
Customer: replied 1 year ago.
We could talk tomorrow if you prefer. Please advise.

His father would be perfect to undertake that role with the sheriffs office.

Customer: replied 1 year ago.
Could you direct me to a site where I can see the process documented so I can advise him?.

http://www.lawpack.co.uk/probate/articles/article6186.asp

I hope that this helps and please rate

ivorylounge, Advocate
Category: Scots Law
Satisfied Customers: 33980
Experience: Over 25 years experience
ivorylounge and other Scots Law Specialists are ready to help you

I am a solicitor in Scotland. Please note that before you can even start to think about Confirmation, which is the correct term for probate in Scotland, a Petition has to be presented to the Sheriff for appointment as executor. Either parent or any sibling can apply to be appointed. However there are two other issues that the previous English expert has omitted to mention. The first is that application could be made to the court to have the letter treated as a testamentary writing, i.e., a will. Affidavit evidence in support of the handwriting, signature and when the letter was written can be produced. The court has the power to declare the letter his last will. Secondly, if the estate is as you describe, it might be that the financial institutions would release the funds on the family giving a signed indemnity rather than the family having to apply to the court for an executor to be appointed at all and also avoiding the need for Confirmation. The financial instructions concerned should be told it is a very small estate, it is not intended that Confirmation be sought and will they release the funds on an indemnity. I hope that helps.