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No will

4 replies

Chocolate1985 · 28/06/2017 18:55

My great uncle recently died and had not left a will his sister and her husband had power of attorney for him due to dementia .my grandfather my uncles brother knows that my uncle was quite well off and according to what we have found out he would be entitled to half of anything the great uncle left along with his sister under Scots law . The problem is that his sister hasn't mentioned money at all and we are all suspicious that she has transferred the great uncles money piece by piece to her own bank over the years they had power of attorney as she was not aware anyone else knew her brother was well off . How would my grandfather broach the subject of being given anything without causing ruptions . According to solicitor he spoke to the uncles estate should be in hands of a solicitor then divided up once all expenses are paid between his siblings as he had no wife or children however his sister has refused to discuss any of this with anyone . Any advice ?

OP posts:
Collaborate · 28/06/2017 19:29

Instruct the solicitor to apply for probate for him and then he can go about investigating the estate from a position of authority.

Chocolate1985 · 28/06/2017 20:34

What if his sister has transferred the money though to her account or spent it on her own pleasure which is something my uncle was sure she was doing when he had his earlier stages of dementia but no one wanted to go wading in saying that to her

OP posts:
Collaborate · 28/06/2017 22:02

With probate the administrator of the estate has the right to investigate as if they were the deceased. Any transaction of the type you describe have to be looked at in the context of either evidence of lack of consent or evidence of lack of capacity.

Chocolate1985 · 28/06/2017 22:15

Thank you

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