Will query (Scotland)

[SocialMoray]

Can anyone help clarify a query please?

Parent died a few years ago, wrote my only sibling out of the will.

Sibling contested but received a sum of money a few weeks ago from my solicitor.
The named beneficiaries have not received their share (remaining half of the estate split between them).

I have asked the solicitor why this happened but received a vague reply. Solc. also told me there was no money left for me as their fees took it all.

Sorry if I am being very thick about all this but can anyone explain what on earth is going on?

That doesn't sound right. Sorry no proper advice but you need to see the solicitor to go over the costs,etc.

I phoned the CAB to ask and they felt something was not right either.

Have no idea what to do or where to turn to.

Afaik you can't write a child out completely. They have to receive a minimum amount in scottish law.

My nan wants to cut my dad out but can't.

I would have thought whatever is left after fees has to be split equally or in accordance with the will.

I would second speaking to CAB or maybe get a free half hour with another Sol.

You can't disinherit a child in Scotland, they have a claim to a share in the moveable estate (i.e. everything that isn't house/land) This share will depend upon whether the deceased was married (the child can share in one third of the estate) if not married (the child can share in one half)

legal rights are deducted from the free estate, that is, everything after debts and fees etc.

Something doesn't sound right here. There ought to have been an account prepared for the executor to approve and this would have detailed the legal rights calculation and payment. who is the executor? Have you heard from them that they were satisfied as to the calculations? The solicitor's client would be the executor, but he also owes a duty of care to beneficiaries.

You should write to them requesting a full and detailed account of things. If you aren't satisfied with that then you can find another solicitor to look into it, or make a complaint if you feel you have valid justification.

hope this helps.

Sibling made a claim on moveable estate. My parents both deceased.

My lawyer paid sibling a few weeks ago - as executor, I requested an account but was told I would have to pay all the legal fees first. I asked how much the fees were but received no account, nor the first account.

I have asked repeatedly, in writing but have heard nothing.

This entire issue makes me feel ill as it has gone on for so long, they took the keys of the property left to the other beneficiaries and myself. I am supposed to keep an eye on the property, pay the council tax, clean it, insure it but cannot access it.

I am very worried that we are being scammed somehow. Two of the other beneficiaries are children and I was told two years ago that it had to go to court for the children to receive their money. It has not gone to court.
I was also told that I had to become a guardian for my own child? Why?

There is no closure for me until all this is over.

May I ask what exactly I should ask for and to whom I have to write to, eg the head of the firm or the Law Society?

It would have to be very carefully worded. I feel very nervous, they are lawyers.

Write to the Client relations partner Say you are concerned about the administration of the estate and note your main concerns At any firm I have worked at this should result in you getting a detailed report and a meeting to discuss,and very quickly.If you do not ear within say 10 days ,or you are not satisfied hwrite to the Law Society of Scotland
As your sibling can only claim on the moveable estae it can be easy to calculate that and pay it whereas if the rest of the estate is a house then it can't be settled until it is sold so that could explain some of it ,it might not be as bad as it seems,but you need to know what is happening,particularly a you are the executor.Try not to worry,rogue solicitors are rarer than you might think and the Law society and the Guarantee fund are there to protect you Good luck

Thank you very much. I have worried so much about this and want to see it all completed and that all the children involved receive their share.

The funds for children will almost certainly have to be held until they are a certain age eg 18 which may explain some of the problems Hope it all works out It is the solicitor's job to ensure you understand what is happening