Scots Law, intestacy.

[HirplesWithHaggis]

DH and his brother have not spoken for about 30 years.

MIL developed dementia, and eventually needed hospital and then care home. BIL cleared and sold her house without consulting or even telling DH, we were not allowed to choose any small mementos but he agreed to put a carrier bag with photos (of our family) outside the house to be collected. We have no idea what happened to her extensive collection of China figurines, her jewellery etc, I don't think any of it was particularly valuable but we'll never know now.

Following her death, BIL represented himself to us as MIL's executor and appointed a solicitor to handle her estate. Said solicitor has dealt with everything and sent a cheque for DH's half, with a request to sign a receipt for same. The receipt includes the words, "payable to me in accordance with the Laws of Intestacy" I assume this means there was no will?

So if there was no will, by what authority did BIL dispose of all her property (before she was even dead)? We are not aware that/if he had Power of Attorney, MIL never mentioned it before she became ill.

(We're not looking to take any kind of action over this, just curious.)

I am not very familiar with Scottish law but your BIL was a beneficiary under intestacy. That will have given him the authority to clear the house etc.

Yes, your DH would have had the same rights and ideally they would have worked together.

@HirplesWithHaggis sorry missed he did it before death.

Thanks for your reply. I realise they're both equal beneficiaries, but MIL was still alive when BIL cleared the house (paid a clearance company nearly £1k!) and sold it. I also understand that needed to be done because MIL was in a care home at the time, and that needed to be paid for, I just wonder how he had the authority while she was alive. I suppose he must have had Power of Attorney.

X post!

@HirplesWithHaggis he may have had POA or just been the person who always dealt with Social Services etc.

In this type of circumstance a family member who gets the house sold to release funds to pay for care is a godsend to the authorities so they willingly accept help without questioning.

I don’t mean to be unfair but if MIL had dementia it must have taken a while to get to the point of needing hospitalisation and then a care home. Why was your DH not involved with Drs, hospital etc. and aware the property needed to be sold to fund care?

Oh, undoubtedly BIL did all arranging of care for MIL, he lives much closer and simply took over. We all visited her regularly, at home, then hospital and care home, but BIL set limits on times and we simply acquiesced to save rows. DH knew the house would have to be sold,, but didn't realise it would be on Rightmove before she had even settled down for her first night in the care home. BIL didn't tell him anything, I found the house up for sale not long after.

I'm honestly not complaining that BIL did what he did, just surprised at the speed (and callousness tbh).

@HirplesWithHaggis Some people are pragmatic and pro-active and just get on with it.

I’m more sentimental so would want to go through everything.