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 RJM Law Your Own Question
RJM Law, Lawyer
Category: Scots Law
Satisfied Customers: 4256
Experience:  LL.B (Hons)
Type Your Scots Law Question Here...
RJM Law is online now

I have been estranged from my father since 2006 when my

Customer Question

I have been estranged from my father since 2006 when my mother died by suicide, he was an abusive alcoholic with mental health problems. I am now 47 with 3 children - 2 of which were born when my mother died, I have one sister who is also estranged from him. My father inherited her estate which was. I found out by chance looking on the registry that my father died in 2020 - no family have told us of this death. He remarried in 2011 and I have a copy of the death certificate which shows they lived separately at the time of death. He had possessions of my mothers - jewellery and documents for her lair which my sister and I would like back. We would also like to see the will and see if we have been listed on it and if not are we in a position to challenge this will if there is one to see if we can inherit any of his estate. The property in which he lived at time of death has been sold in 2021 according to land register and he was a wealthy man in 2006.
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: Scotland
JA: What documents or supporting evidence do you have?
Customer: Death certificate and I have requested a will search this morning on land registry scotland
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 find it very odd that my sister and I his only children were not told of his death at all by anyone.
Submitted: 6 days ago.
Category: Scots Law
Expert:  RJM Law replied 6 days ago.

Hello, and thank you for choosing our service today. I am the expert who shall assist you with this opportunity

Please note, our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.

If you do not receive a response immediately, please be advised I may be working through other matters however you shall receive a response as soon as I am finished with any live. However please be assured I will get back to you by the end of the evening.

I will be able to provide you with guidance in relation to your question which should assist ifi in clarifying matters and navigating the legal system. However, please note this does not form a professional client relationship.

I look forward speaking with you and providing help.

Expert:  RJM Law replied 5 days ago.

Thank you for the information, I am just looking at this for you now.

Expert:  RJM Law replied 5 days ago.

I am sorry to hear about this matter.  Unfortunately when your mother passed, the estate would likely have passed to your father.  Firstly, you will need to see what is contained in the Will,  I don't see the grounds. you would have to contest thee Will as you were not reliant on his estate being estranged.  With that being said, there is legislation which provides statutory rights for children.  Under law in Scotland you and your siblings are legally entitled to a share of one third of any moveable estate (but not heritable estate).  The solicitor dealing with the estate should have tried to contact you.  I would be happy to look over the Will for you once you have obtained a copy.  It should point out who is the executor of the estate.   

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows; (England) (Scotland) (Ireland) (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.