Any Scottish probate lawyers around?

[Magrathea]

Thanks for taking the time to read this. Not sure what to do yet. We dont care about money but DH would like to know and have a keepsake

Anyway, the story....

DH lost touch with his father many years ago and then found him again, FIL had subsequently re-married and all was happy.

FIL suddenly died after DH had had a few years contact with him again. Whilst he was alive, FIL and SMIL made a point of saying to us (completely unprompted) "you are in our wills you know and always have been, everything will be split equally x ways between DH and his step siblings."

After death of FIL we expected everything of his would have been left to SMIL and on her death, things would be split as they had told us so we never thought any more of it. They are in Scotland and we are a fair way away in England. We never heard anything about a will and DH was never offered anything small as a keepsake but that was fine as SMIL was grieving and we didnt expect anything.

Anyway, we have tried to keep up contact with SMIL, cards, phone calls etc but it has gradually dropped away until we called and her phone was cut off. We phoned a family friend who said SMIL had changed her number and didnt want anyone to have the new number so she wasnt going to give it to us. We decided to have another try at contact and sent a Christmas card, photo of DS and a note asking SMIL to contact us because we would love to hear from her and including our phone number in case she had lost it - Nothing

It now occurs to us that SMIL might in fact have died and we have still heard nothing - no-one has told us she has died, but then it looks like they wouldnt. Its possible the family friend who wouldnt give us the phone number would be an executor - we would like to know if FIL's will left something in trust once SMIL had gone. I guess if it didnt then that's the end of it as SMIL could change her will as she liked.

So my questions are -

1. How would we go about finding out what was in FIL's will and who were the executors? Is there a cost to this?

1. If we make enquiries will the executors and the family find out automatically?

3.Is there a way of finding out if SMIL has indeed died? I tried looking at the local paper online but there was nothing there.

Again thanks for any help.

I have just googled about scottish inheritance law, and found only this website.
www.makeawill.co.uk/scottish wills.
Also says about searching for a will.
This is not fair on you, and she has behaved dreadfully and the family, so called, 'friend'.

Also explains some interesting differences between english and scottish inheritance laws.
I don't think she has died, she just resents you getting anything. Does she have her own children?

Yes digerd, two but she never struck me as that cold really, I thought she was really nice. Suspect the family friend might have a lot to do with this but don't really know how to begin finding out

Have you looked up that website on google, I mentioned? Are you your dad's only blood line child? In France and Spain you would be the sole heir. She'd get nothing from your dad's estate, but then our laws are unfair imo

Thanks dig, I've had a look and it seems like dh should have had something regardless of what was in the will under legal rights. To be honest, while smil is alive I don't think we would pursue it as they weren't rich and she would need the money to live on - we wouldn't begrudge her that. I think it probably does explain why things have gone quiet.

The section on finding a will relates to England only, still need some advice on scotland

If FIL left a Will and Confirmation ( Scottish term (for probate) was obtained you will be able to get a copy of the Will
If you tell me when he died I can let you know who to contact

No one would know you had obtained a copy

There will be a cost but it will not be a lot

Registrar of Births deaths and marriages will be able to help you find out if Smil has died

My concern is that if FIl left something to your DH in his will he would normally have been told that at the time ,officially I mean

It may be that he left everything to his wife in the understanding she would leave something to your DH

Under Scottish law children have legal rights to claim on the moveable estate of their parent even if they are left out the Will

Let me know if you need anything else

Hi, just thought I would add my tuppence worth.

If you were a beneficiary you should have been told by the executor BUT if his estate wasn't worth much then it may not have been necessary to apply for confirmation and therefore no will is registered anywhere as the wife would have handled all the gathering in of assets herself. If it didn't require a solicitor then there's no way to know whether the assets were distributed in terms of the will or not.

Regardless of this your husband is entitled to a share of the estate, namely (if I recall correctly) one third of his moveable estate equally between your husband and his siblings. This includes everything apart from his house. Was he a particularly wealthy man? It may not be worth the court costs to pursue this.

Regarding his house, you should have been informed if there were any trust provisions in your favour. Additionally, if no portion of the house is bequeathed to you then there's nothing stopping her changing her will to give everything to the local cats home (excepting, of course, her kids' legal rights).

I really hope his will was submitted for confirmation, you will get to see exactly what he intended. She is in a better position if there was no will at all, potentially taking the whole estate under prior rights, depending on the total value. At least if a will specifically excludes you you can challenge it.

Lastly, my advice is to pursue this starting now. If she dies/ is dead it's going to confuse matters separating his assets that are disputed from her estate and will be more costly.

If you have any further questions I can try and answer them.

Hi , thank you all for coming back he died in may 2010.

We think he did have a will, the conversation they had with us would suggest so and he had arranged and pre paid his funeral to the last flower which suggests he wasn't the type of person not to have a will.

He wasn't wealthy but there was a house and we think they were comfortably off so there would have been something.

Smil has two adult children from a previous marriage

What is our first step to finding out?

I just lost what I had written, bloody phone!

I have never had to request a grant of confirmation in this manner, just when I've been dealing with the estate myself, but I believe you contact the sheriff court local to where he lived (if you PM me where he lived I can give you details) with as much info as you know - full name, DOB, date of death, etc. There will be a charge. You would decide from there what to do once you see the contents of the will.

Contact HM Commissary Office 0131 225 2525
If Confirmation was obtained they will be able to get you a copy of the Will

I would do that first and see if the Will was registered and take it from there