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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16940
Experience:  30 years as a practising solicitor.
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I have just leant my mother about 30,000 GBP to help her buy

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Hi, I have just leant my mother about 30,000 GBP to help her buy her retirement home. We have a security document that my mother signed but it was witnessed by my sister who is the executor of her estate. Is my sister signing the security document legal?
JA: Estate laws vary by state. What state are you in?
Customer: I live in Canada, my mother lives in Scotland
JA: What documents or supporting evidence do you have?
Customer: I have a security document stating that my mother's estate when sold will owe me 22.5% of the fair market value or 30,000 GBP as well as "minutes" of record.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so

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.

Assuming the security document you refer to is a standard security which will be registered in the Land Register of Scotland the fact that your sister is an executor of your mother’s Will and has witnessed the deed is perfectly acceptable. Indeed, as she has signed as a witness there can be no doubt that your mother’s estate will have to recognise the loan as a debt on the estate so it’s a good thing that she was the witness.

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.

JGM and other Scots Law Specialists are ready to help you
Customer: replied 14 days ago.
Thank you!! That's a great help, so it actually works out because as the witness she cannot contest.

You’re welcome.