to want to see the will?

[tremble]

NC for this, just in case. We've just found out a distant relative has died, and the funeral was yesterday. My DS and I are pretty angry that we weren't told, as we knew the relative when we were children and would like to have paid our respects.

We found this out today when we got a letter from relative's sister saying that the relative hadn't signed their will, so we and a few cousins and aunts etc will inherit a share of their estate. But the sister says she wants to honour the unsigned will and has asked us to revoke our shares so she can do this. We hadn't expected to inherit anything so we're not fussed about the money which probably won't be much, but we thought we'd ask to see the unsigned will so we can be sure that if we give up our shares then it goes to the right people.

But the sister says we're not allowed see it. She won't even tell us which solicitor is handling the estate and got pretty angry when we asked, saying we had no right. Her behaviour seems a little suspicious but we haven't really any experience with wills. Is it unreasonable to ask to see it? And what would you do?

If this is a distant relative you wouldn't be due anything under intestacy rules? What relation are you?

The sister isn't an executor if there is an unsigned will. Unsigned will means no will and therefore no executors.

Sounds to me like there is a valid will but sister isn't happy with the contents.

DO NOT SIGN!!!!

That is bizarre. If the person was unmarried with no children and died without a will surely the sister would be in line for the money anyway, unless their parents are still alive.

Is she the nearest next of kin?

Just tell her you will only deal with the Solicitor handing the Estate.

No Solicitor would administer an invalid Will which is why she is asking you to sign things rather than a solicitor. If they are then report them.

A will can be changed by a Deed of Variation but there is no Will.

She is not an Executor.

Who goes to the trouble of writing a will then doesn't sign it? Sounds like utter bullshit to me.

The deceased has no spouse or children. So if they died intestate, their money would go to the next of kin - parent or siblings.

As you refer to the deceased's sister, you (and definitely your DS) are not next of kin or this would be your sister.

In which case you get nothing.

If there is a will (more likely) it sounds like deceased person has divided estate between more relatives. In which case sit tight to be contacted by solicitors.

If there is a will but it's not signed, then deceased is intestate and sister get it anyway

I would do nothing at all

Maryz, you have got it pretty much right.

The apportioning is similar to your scenario, and if the sister was sole beneficiary in the unsigned will then she will be getting a less now. I believe she looked after the deceased.

My late dad once told how much she loved money, and she is wealthy enough not to need this. Which makes me think that perhaps it was to go to a good cause. But if that were the case then why not just prove it by showing us the will?

I don't think there is an unsigned will either.

Her behaviour seems a little suspicious
more than a little!
why so defensive...sounds like she knows she's in the wrong

The Deceased sister wouldn't get all of the estate.

It goes like this:
Husband/wife
Children
Parents
If all deceased/none exist (which is what it sounds like here) it will be divided between siblings.
If a sibling is deceased their share will be passed to their children.

Is that Scots law unizoomi? I did basic law a loooooong time ago but thought Maryz was closer to what the rules are or were

If there is no valid will then the laws in intestacy in Scotland can be found here.
www.gov.scot/Publications/2005/12/05115128/51285

Or scroll down to page 4 of this
www.scottishwidows.co.uk/Extranet/Literature/Doc/47498

keep a record of all communications

Sorry X posted loads there. Took me ages to type

Maryz interpretation of the rules of intestacy are spot on.

Assuming no spouse, children or parents are alive. It will be divided between all of relative's siblings. If one of the siblings predeceased the person who has died, that particular sibling's share will pass on to their children and so on.

I also agree with Maryz a,b & c - there is also a moral question about doing what is right rather than legal.

However the letter coming out of the blue so soon after the death, without being made aware of the funeral concerns me that this sister is not behaving above board on the matter.

I wonder what she's up to as well. I do as per Maryz suggests too...

Can you contact the Sheriff Court or ask your Aunt if she has this bond of caution (I have no idea what this is, I just searched the internet!). But as others have said, it does sound as if there was a will at some time and I'd want to see it! Can you contact anyone else she may have written to about signing away rights?

From
www.iwc-ltd.co.uk/probate__probate-scotland.html

Intestacy in Scotland

If there was no will made by the deceased, anyone entitled to inherit or the next of kin must apply for Confirmation as set out by law.A petition for the appointment of an executor-dative is lodged with the Sheriff Court. The Succession Act 1964 (Scotland) will determine the distribution of the estate.

The executor-dative must obtain a bond of caution from an insurance company to ascertain they will distribute the estate in accordance with the Succession Act. This is lodged at the Sheriff Court along with the inventory form C1.

Yes, the sister is the only surviving sibling. The rules in Scotland seem to be the descendents of deceased siblings split their share as Maryz outlined above, and what DS and I are.

I have no idea of any previous will. Just realised that AugustaFinkNottle may have a point saying they might have not signed because they changed their mind.

sit tight to be contacted by solicitors.

On re-reading the letter I don't think that is going to happen. She is working out the estate herself I think, and says she will get her solicitor to check it. I will not be signing anything, but not sure how to get all our questions answered if the sister won't give us any information. There doesn't appear to be anyone else we can ask.

Oh and if there is no valid will the peron saying she is executrix has to apply to Sheriffs office to be named as Executrix dative . Legally she cant disperse any of the estate until this is done. Many banks will not release my nies until Can't nfirmation is granted ( Scottish equivalent of Probate )
She or solicitor would have to fill out a form and display it, this normally means pinned on notice board in Sheriff clerks office.
It may be worth having a look there to see if any paperwork has been filed.
Once Executor( or executrix ) is named and has proof they are entitled they then can gather in the estate. This means sell property, get paid bank accounts, pay outstanding bills, insurance policies etc etc.
Then they can apply for Confirmation
They will also need an insurance policy called a Bond of Caution. This is only needed in Scotland when someone dies without a will.

Its quite complicated. Doable but takes a while ( I had a relative die without a will, sigh. )

But if the will mentioned isnt signed and witnessed there may be a previous will.

Sounds very dodgy - I wouldn't sign anything