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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15923
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I live in Scotland, my mother died on Thursday, she left no

This answer was rated:

Hello
JA: Hello. How can I help?
Customer: I live in Scotland, my mother died on Thursday, she left no will. The only thing she left was her funeral plan, with very specific instructions on where she wants to be buried.
JA: What documents or supporting evidence do you have?
Customer: The funeral plan is now with the undertakers
JA: Anything else you want the Lawyer to know before I connect you?
Customer: She nominated my youngest sister as her Next of Kin (under duress) so she seems to think that she has the final say on where she can be buried. The are going ahead with the funeral but not telling myself or the rest of her family when
Customer: replied 2 months ago.
I have sourced some documents from family members, that may be relevant. I am also her eldest child, if that makes any difference.
Customer: replied 2 months ago.
I think that the funeral may be going ahead tomorrow. (the 10th)
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Thanks for your question. I am a solicitor in Scotland and can help you with your question today. Next of kin has no legal meaning in a Scotland except that it is perceived by the medical profession as a legal way of having a family member they can ask to take decisions in the absence of an attorney. In any event it ends on death and any immediate family member can apply to the court to be a deceased person’s executor. The eldest child has no more right thank any other child. However from a practical point of view it is too late to have yourself appointed as executor for the purpose of directing the funeral. You can do so if there is any other estate to be administered of course. At the moment all you can do is say to the other part of the family that you all have equal rights to share the funeral ceremony and to request the time and place. If you had more time you could have said you would get a court order to prevent the funeral proceeding in your absence but if it is supposed to be today there is no time to do that I’m afraid. Not a good situation but your options are limited in the circumstances. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15923
Experience: 30 years as a practising solicitor.
JGM and 3 other Scots Law Specialists are ready to help you
Customer: replied 2 months ago.
One other question, how can I legally ensure that I receive my fair share of my Mother's estate? I have no way of knowing the amounts held in her estate, including savings accounts she had for my 3 sons.
Thank you.

You are entitled to an accounting from the executor. And the saving accounts for your sons should not form part of her estate in any event. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.

Customer: replied 1 month ago.
She did not leave a will, only named my younger sister Next of Kin on her hospital records. So she seems to be under the impression that she is in charge of everything now that my Mum has passed, which I understand is not the case. .
My other 2 siblings are going with what she says, but I have no way of seeing what is in my Mum's estate or if I get my fair share.
They changed her funeral plan and her chosen resting place, and excluded all family members. I was given 30 minutes notice to attend. So they are not being very civilised in any aspect of this matter.

Next of kin is irrelevant at the best of times and certainly ends on death. Why don’t you apply to the sheriff court to be appointed executor dative and that will mean you would be in charge? Any child can do so, so if you get in first you will be in charge. An executor dative can be applied for where there is no will and the estate has to be administered under the law of intestate succession. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.