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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16363
Experience:  30 years as a practising solicitor.
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My partner has just learned that her former husband has died

Customer Question

My partner has just learned that her former husband has died and would like to know if their only daughter has any rights to his estate under scots law and how to find out if he left a will etc
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: Greenock, Scotland
JA: What documents or supporting evidence do you have?
Customer: None ww heard from family he had passed.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We don't know his last address but was living in the Coatbridge are and cremated at Daldowie Crematorium near Glasgow
Submitted: 19 days ago.
Category: Scots Law
Expert:  JGM replied 19 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 19 days ago.

His daughter has a right to the whole estate if there is no will, assuming her father didn’t remarry. If there is a will she is entitled to what she is left in the Will. If that is nothing she has a claim for what are called legal rights. The amount of that depends on various factors. Can you confirm if her late father remarried? If not who was he in touch with prior to his death.

Customer: replied 18 days ago.

As far as we know he never remarried but was living with someone in the Coatbridge area.

What steps are required to find out if there was a will or an estate?

Expert:  JGM replied 18 days ago.

A will is a private issue in Scotland. Unless and until it is lodged with the court, in this case, Hamilton sheriff court there is no way of finding out anything. If the Will is lodged for Confirmation (the Scottish equivalent of probate) there is no way to find out about the estate apart from asking the partner or anyone else that might have the information.

Expert:  JGM replied 18 days ago.

I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.