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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14611
Experience:  30 years as a practising solicitor.
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My Grandmother died four weeks ago. She had told my mother

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My Grandmother died four weeks ago. She had told my mother as well as fifteen other people that she wished her dog to be looked after by my mother. My cousin originally bought the dog but it has lived and been looked after in every regard by my grandmother for 8 years. Does my mum have a chance at getting the dog back if we take legal actin using the statements of fifteen other people? My Gran had not made provisions for the dog in her will.
JA: What steps have you taken? Have you filed any papers in family court?
Customer: Not yet.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Scotland.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so.

Hello,

Is the cousin who paid for the dog laying claim on the dog?

Customer: replied 11 days ago.
The cousin has taken the dog from my Gran's house and is refusing to give him to my mother. The day before my Grandmother died she said she was glad my mother would be taking the dog to myself and one other person.

I am afraid you would probably spend more money fighting this in court, perhaps a new dog may be bought by yourselves.

Had the dog been left to you/your mother in the Will, that would have been clear cut.

Now, this would be treated as intestacy and it would be costly to deal with this.

May I help further?

Thanks for your question. Please disregard the answer above. I am a solicitor in Scotland. As a matter of law the dog is left to the person who inherits the estate. I assume that would be your mother and not the cousin. The fact that the cousin paid for the dog is irrelevant. The law of succession applies. The executor of the will can direct thatvthe dog goes to the correct beneficiary. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for helping you today.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14611
Experience: 30 years as a practising solicitor.
JGM and 3 other Scots Law Specialists are ready to help you