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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.

Is there any point going to a lawyer? Scottish Law

2 replies

Noidealegalmess · 23/06/2025 20:48

Essentially my mum died suddenly a few years ago. I know all assets were in her name. I think she had a will. I have received nothing. After she died my father told me there was a letter from mum to me and that she had instructed him that I was to receive a specific item. 18 months after she died, he remarried in secret. I have no contact with him (tbh the remarriage in secret is but the very tip of a very large iceberg) but have made contact via email and recorded mail to ask for these items and have had no response.
I am considering whether I go to a lawyer but I wonder if his refusal to acknowledge the communication so far is because there is no physical evidence (afaik) that these items should come to me (although the letter is worthless to anyone else).
Tbh I'm not interested in any monetary value but it is the principle of the thing. Any advice gratefully received. Should say this is in Scotland.

OP posts:
Motheranddaughter · 24/06/2025 01:35

You are entitled to claim your legal rights in your mother’s moveable estate ie not the house
You would need proof the items were bequeathed to you
Speak to a solicitor or CAB

Berrie1 · 24/06/2025 01:46

You might not be entitled to the item depending on how the instruction was given. It could be that your mum prepared a Letter of Wishes which is an informal writing that sits next to a Will. It notes specific wishes but the Executor is not legally bound to implement. If it is a formal writing such as a Codicil (ie amended to a Will) or a legacy included in the Will then the Executor has a legal right to give you the item.

As the pp mentioned, you are entitled to claim your legal rights which would amount to one third of your mother’s net moveable estate. If you have siblings, this would be shared among you.

The Executor has a legal obligation to inform you of your legal rights as it is an automatic entitlement in Scots law.

if your mother had assets, it would be worthwhile imo engaging a solicitor.

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