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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12526
Experience:  30 years as a practising solicitor.
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I am the named executor of my sister-in-law's will in

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I am the named executor of my sister-in-law's will in Scotland. She died in Care Home on Wednesday and we (her niece who is her nearest blood relative and I) went to clear the room today only to be informed that her son-in-law, whose wife is recently deceased, and a non-related friend cleared it yesterday. As I understand it this should not have have been done without my permission as executor.
I'm under pressure from family to make a report to the police but am reluctant to do so because he has made the last two days "days from hell" and we have a funeral pending. I have an appointment with my solicitor on Monday am.
What is likely to be the Police response and can I safely leave it till I speak with solicitor?

Thank you for your question. I am a solicitor in Scotland. The police response will be that this is a civil matter and they won’t interfere. See the solicitor on Monday and get him or her to write to the son in law for an accounting of what was removed from the care home. They should not have done this without reference to the executor. You may want to ask the home why this was allowed to happen. Also remember that if the son in law and his wife had children of their own then those children will have a claim on the estate by representation either under the will or by way of legal rights. Happy to discuss further. In the meantime I hope that helps. Please leave a positive rating so that I am credited for my time.

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