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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.
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.
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?
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.
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.