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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16378
Experience:  30 years as a practising solicitor.
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Do I have any recourse with, Sorry, I pressed enter. I am

Customer Question

Hello,Do I have any recourse with
JA: Where are you? It matters because laws vary by location.
Customer: Sorry, I pressed enter. I am based in Scotland. My mother has two of my brothers as executors on her will. In January, I visited her solicitor with my mum to have me replace one of my brothers as he has a brain tumour and is not fit to act on her behalf. This instruction was taken on board by the solicitor for him to action. However, since January, he has died with his accounts being passed to another solicitor. They say they have no record of this instruction and change to the executors. My mothers health has deteriorated and she mentally not fit enough to instruct another solicitor of her wishes from last January. Can you tell me where I stand with this please? Many thanks, ***** *****
JA: What steps have you taken so far?
Customer: We have taken my mum to her new solicitor but she was unable to say why she was there and who should be added to her will as executor now. Other than that, nothing as it has just recently come to light of the original soliciros death.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No. Other than can they tell me do I have any recourse and whether there is any point in pursuing this as we had not heard anything in writing to confirm that the will had been amended.
Submitted: 24 days ago.
Category: Scots Law
Customer: replied 24 days ago.
When will I hear about my query? I was on the website and it said 8 minutes over an hour ago.
Expert:  JGM replied 24 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 24 days ago.

The solicitor,should have actioned this quicker. However if he was ill and then died there isn’t much you can do about it. Your mother’s Will stands and of your mother can’t change her will now then there is little to be done about that. If your mother can’t take up her duties as executor then others can be appointed in her palace. That is done by way of a codicil to the original Will. If your mother isn’t capable of instructing a codicil then you will need owe to examine the house and contents with a view to disposal.

Expert:  JGM replied 24 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.