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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15057
Experience:  30 years as a practising solicitor.
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I am not clear that this is a legal matter however I would

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I am not clear that this is a legal matter however I would be grateful for advice on the matter. I have Power of Attorney for my mother-in-law's partner, Archie. He is 93 years old and although he needs a wheelchair his mental capacity appears to be excellent. He sold his house some months ago as he has wanted to stay permanently with my mother-in-law whose home is on one level. When he contacted his insurance company to ask for a copy of his life policy he was advised that although the company held a policy in his name he was no longer the owner of the policy. When pressed the insurance company advised that they could not disclose the name of the new owner but that the change in ownership had been instructed by the executor of his wife's will. His wife died with dementia in 2012 and they had both had their wills prepared at the same time around 1985. They also had separate life insurance policies. Archie is absolutely sure his wife's will did not transfer Archie's policy to the executor. The Executor is refusing to provide him with a copy of the will or any other documentation and the solicitors who prepared the original wills maintain that they do not have copies. Is there any advice you could provide in this circumstance. The Executor is Archie's son who has been estranged from Archie for some time.
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: It is in Scotland
JA: What documents or supporting evidence do you have?
Customer: We have a letter from the Insurance Company advising on the situation but unfortunately Archie's son has any other documentation. Archie has rescinded his son's PoA and
JA: Anything else you want the Lawyer to know before I connect you?
Customer: but his son has not responded to written requests for the documentation. It is not at all clear why the solicitors do not have copies of Archie's will.

Thanks for your question. I am a solicitor in Scotland. I will be helping you today. Archie’s wife’s will and the Confirmation to her estate might be available at the sheriff court covering the district in which his wife died. If the estate of his wife did not transfer automatically to him it’s likely that Conformation was needed. Once lodged in court the documents are public and you can ask the court for copies. Can I suggest you try that first and let me know if you need further input from me if that doesn’t work. I hope that helps. Please leave a positive rating on the star rating system on your screen. That will allow JustAnswer to credit me for helping you today.

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Customer: replied 7 days ago.
Thank you. Yes I will try that. I think Archie’s wives estate did transfer automatically but I don’t know for sure. Anyway I’ll pursue your suggestion. Regards Linda