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Original poster

can anyone advise where i stand legally on this?

11 replies

thedragonsserpent · 01/02/2023 15:27

may 2021 my mother passed leaving house to me a brother wasnt happy contested the will claiming there was a previous will which wasnt the case and that i blackmailed mum into leaving me the house which again wasnt the case as he had no evidance to back up his claims (he had 18 months to do so) the lawyer dealing with estate changed the title deeds to my name im now wondering where i stand legally if i want to sell the house as he may decide to contest this in court can anyone advise me where i stand as i feel im at my wits end with the whole thing and want to move on i live in scotland so this would be scottish law

OP posts:
Princessglittery · 03/02/2023 11:55

I see no reason why you can’t sell as he dropped the claim. However, it would be worth paying for legal advice just so you know definitively.

MichelleScarn · 03/02/2023 11:58

Was your brother left anything in the will? I keep reading on here that in Scotland you can't disinherit children and if so it can be challenged.

Original poster
thedragonsserpent · 03/02/2023 16:45

he was left 12% of mums move available estat e i said i had no is sues with him and other brothers getting the moveable estate (saving s) which wo uld have been a few thousand pounds each as i had been left house

OP posts:
Original poster
thedragonsserpent · 03/02/2023 17:28

princess brother didnt decide to drop it the lawyer dealing with estate decided that he was going to put house in my name as brother who was contesting estate had no evidance to support anything he said andwe were just going round in circles there was also no mention of my brother wanting o go to court but im still wary of selling

OP posts:
Princessglittery · 03/02/2023 17:47

@thedragonsserpent sorry for misunderstanding. In that case it is worth paying for legal advice.

Original poster
thedragonsserpent · 03/02/2023 17:57

yeah i contacted estate lawyer left a message for him but hes not the greatest at getting back so we will see

OP posts:
Testina · 03/02/2023 23:22

MichelleScarn · 03/02/2023 11:58

Was your brother left anything in the will? I keep reading on here that in Scotland you can't disinherit children and if so it can be challenged.

The law in Scotland means you can’t disinherit children from your moveable estate but you can from your heritable estate. So cash in the bank they have a legal right to, houses not.

OP’s post autocorrected moveable to move available!

Testina · 03/02/2023 23:23

thedragonsserpent · 03/02/2023 17:57

yeah i contacted estate lawyer left a message for him but hes not the greatest at getting back so we will see

Why put up with shoddy service when you’re paying and there are other lawyers?

Xenia · 06/02/2023 20:17

In England some people left out a will such a spouse or usually infant sometimes adult children may be able to sue under this - legislation described here www.familylaw.co.uk/news_and_comment/inheritance-(provision-for-family-and-dependants-act)-1975

He probably will not sue and if he does he may well not win of course.

Xenia · 06/02/2023 20:17

Oops - I see the post said Scottish law so ignore my post

RJnomore1 · 06/02/2023 20:21

The poster up there is tight, it’s moveable estate you can’t be disinherited from. A house can be willed to anyone.

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