Legal Rights Claims in Scotland

[NanaPurple]

My DiL, who has two siblings, asked me if she can claim Legal Rights in Scotland as her siblings have been "gifted" all of her late mothers estate leaving nothing in the estate when she died (only around £3,000 left). Her two siblings held her mothers Power of Attorney and were also both Executors of the estate. I think it seems a bit fishy but don't know enough to give her advice. The siblings say they were given lifetime gifts by their mother and now there is nothing left except for the £3,000. Her mother had diminished capacity which led to dementia. My DiL doesn't want to rock the boat but knowing her siblings well believes that they have emptied the estate on purpose (Estate should have been around £350,000 after all costs were deducted). Can she claim legal rights if there is now nothing left in the estate.

Legal rights is for moveable assets only so cash etc. It does not include property or land so the estate may have been properly rich but cash poor. I believe you can claim up to 5 years after death and you can go to court if you believe the executor has not been truthful with the assets. You can pursue them through court. What’s involved in getting to that stage I am not sure.

Your DIL needs to consult a solicitor. If her siblings have abused their PoA to empty the estate, they have committed a serious criminal offence.

Thanks for the info. The estate had no house in it as it was sold some time ago when DiL's mother went into sheltered housing. I think she is worried about the huge costs of getting a solicitor as, probably like most folks nowadays, she doesn't have much spare cash.

Yes she can claim and the executors should have written to her to ask if she wanted to make a claim. I'm dealing with a 3rd will in 14 years and on each occasion the children have been written to to afk if they wish to claim their legal rights.
First case was my husband who left my children an insurance policy each but nothing in his will so the lawyer wrote to them both. They declined.
2nd was my mil who left everything to her husband. The 3 brothers were written to and 2 claimed their legal rights and the third deferred so we had to keep that amount aside as you have 20 years to claim it.

If this person hasn't been written to then that is not right and she should go back to the executors to ask why.

Ugh, it's my birthday and I've had a drink. ETA I see the money was taken pre death so as was said above they have abused their POA.

The issue seems to be less her legal rights and more that the siblings may have abused their POA to empty the estate

She can’t claim legal rights if there is no money in the estate
She needs to instruct a solicitor to see about a claim against her sisters for abusing their position as attorneys
She should be able to get initial advice on this for a fixed fee