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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12860
Experience:  30 years as a practising solicitor.
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Just wondering what are the strict legal requirements of

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Hi, just wondering what are the strict legal requirements of Scots Law, that would need to be fulfilled when considering challenging a codicil?
Assistant: Where are you located? It matters because laws vary by location.
Customer: Scotland
Assistant: Has anything been filed or reported?
Customer: not yet
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: this is a theoretical question rather than a practical one

I am a solicitor in Scotland. Can you explain your situation a little more?

Customer: replied 7 months ago.
On the death of a parent, it is revealed that the parent created a codicil 2 weeks prior to their death. The change to the existing will was in relation to the parent's jewelry. Where it had previously been left to the only daughter the lady apparently decided she would rather leave it to her carer. The codicil was put in place by the carer's husband who is a solicitor and the daughter has raised suspicion over the enforceability of the codicil and whether or not it can be challenged. I am a first year law student so this is just an exploratory question.

Was the solicitor always the parents solicitor. It would suggest to me that there is a conflict here at the very least.

Customer: replied 7 months ago.
No they weren’t. Thanks! Im struggling to find authoritative content on the matter so any pointers you could provide would be gratefully received!

I would look at the law society website for the conflict of interest rules and also look up cases on undue influence and facility and circumvention. That will give you a starting point.

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