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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

How to find which solicitor is dealing with an estate

14 replies

Lbnc2021 · 16/08/2022 14:33

My DF, who I was very close to, died without a will 11 months ago. I have not spoken to my mother and brothers for 5 months as my mother is a nasty raging alcoholic who brings nothing to my life but misery. My brothers know exactly what she is like but choose to side with her which I’m not that bothered about. My mother and DF did not live together as she was abusive to him but basically picked him up and dropped him again whenever it suited her.

My daughter who still speaks to my mother told me last night that my mother had called her up drunk and said that her and my brothers hadn’t disclosed to the solicitor that I even exist in order to cut me out of any inheritance. My daughter pulled her up about this and she started raging on that she gives the instructions and that it’s up to her what happens with my dads money. Now I know this isn’t true, I am in Scotland and I know that I cannot be disinherited even if there was a will. I don’t care whether it’s £5 or £5000 I am due to inherit, it’s the principle of her trying to cut me out because I won’t be spoken to like a piece of shit.

I don’t know who the solicitor is that is dealing with my dads estate. Can anyone tell me if there is a way for me to find this out so I can inform them that I do actually exist?

OP posts:
Lbnc2021 · 16/08/2022 14:56

Bumping

OP posts:
HappyHamsters · 16/08/2022 15:01

The Scottish Goverment website has a section on Inheritance Succession and an email,address, they might point you in the right direction.

SparklingLime · 16/08/2022 15:10

If there are just a few local solicitors that it could be, you could ring them and ask them to act for you. If they are your mother’s solicitors then they will have to refuse due to a conflict of interests.

Also see Here

Lbnc2021 · 16/08/2022 15:41

Thank you both for your replies, I will try these.

@SparklingLime We’re in a massive town and there’s loads of solicitors! But I’ll try your link, thank you again.

OP posts:
SparklingLime · 16/08/2022 16:06

Ah. Also see this.

user1487194234 · 16/08/2022 16:12

Check with the Sheriff clerk to see if an appointment for appointment of an executor dative or application for Confirmation has been lodged
If so they can tell you what solicitor it is
Be aware that your mother’s prior rights could use up the whole estate leaving no legal rights fund for you to claim

Lbnc2021 · 16/08/2022 17:15

Thank you @user1487194234 . Her prior rights only use up about a third of the estate.

OP posts:
RumpleDumple · 16/08/2022 17:30

There are no Prior rights where there is a will, just legal rights which, as you've mentioned, is 1/3 of the estate as you dad had kids.

It's tricky because you cNt phone round solicitors asking if your dad had his will them them. They should not be telling you if he had or even if they hadn't. Deffo call the sheriff court and do email the law society for their advice.

I hope you get this sorted OP.

Lbnc2021 · 16/08/2022 17:41

I managed to speak to a solicitor.

my dad didn’t have a will which I already knew about.

the solicitor told me to contact the sheriff court tomorrow to find out who is dealing with his estate and take it from there.

OP posts:
Groovee · 16/08/2022 18:06

As there is no will, your local
sheriff Court. Your mother would get the first £50,000 then anything over that is 1/3rd is what you would be entitled to. So it could be £25 or nothing. You will need your own lawyer too. So seek legal advice.

user1487194234 · 16/08/2022 19:40

Per first line of OP post,there is no Will

RumpleDumple · 16/08/2022 20:20

As there is no will, your mum is entitled to prior rights, so 50k, the house up to £475k (there or thereabouts, can't quite remember) and the belongings of the house up to around 29k.or thereabouts. Then legal rights of what is left, so 1/3 to your mum 1/3 shared between all kids and 1/3 as free estate, order of which is the kids first. Depending on the value of the estate, prior rights can easily wipe out the estate leavi h nothing g for legal rights.

Nothing is ever straightforward though so you might want to consider talking to a lawyer for yourself to get advice on what can be done going forward.

Lbnc2021 · 16/08/2022 21:43

I know how it is divided up and I know that myself and my brothers would inherit a substantial amount of money, I wasn’t asking for advice on that. I was asking how I can find who the solicitor is that is dealing with the estate.

OP posts:
Groovee · 17/08/2022 06:16

Contact the sheriff court then give the name to your own lawyer to contact the estate dealing lawyer. They will sort it. That’s what I am having to do just now.

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