Scottish solicitor recommendations and Wills advice

[Oleanderrules]

I am one of the beneficiaries of part of my grandmothers estate in Scotland. The solicitor has contacted me to let me know that I will be receiving something but I don’t know what . Am I allowed to ask to see a copy of the will or is that not permissible under Scottish law ?
I would also like to retain a solicitor in Scotland who could help me with any further queries and actions I might have - are there any recommendations ?

Sounds like you are concerned that something isn't right? I've no idea about the will viewing, but in terms of solicitors, we recently used Tammy Logan from neilsons to deal with my mums estate and were very pleased with the service and care.

Yes I am concerned about a ‘good friend ‘ of my grans who would appear to both an executor and also main beneficiary . I suspect there was some influence there so I just want to have a discussion with a solicitor
Many thanks for the recommendation

Once the person has died a will is a public record. You should be able to get a copy by phoning the solicitor to find out the cost and sending a cheque.

You might look up Scottish law on death as well as some inheritance is fixed by law and cannot be changed by a will.

It is not true in Scotland that once someone is dead a Will is a public record

Sorry posted to soon
Perfectly ok to ask what you have been left Is it a specific sum or share of the estate Probably the latter
Traditionally a copy of the Will would not be sent to beneficiaries,probably a bit old fashioned now
I would only sent out copy if the executor agreed ,but would approach on basis a copy should be sent out
Eventually a copy can be obtained so bit pointless to refuse

Am sure the person recommended by a PP is great but if you have an issue Re undue influence you need someone who is experienced in contentious executries,as its not an easy job

user, ours was relatively straightforward but Neilsons as a firm I think have access to a wide field. I have no connection with them other than that they dealt with my DM in terms of setting up a POA and then dealt with the estate and house sale etc and then paid everything out. We are a large family but nothing contentious in that it was just split evenly. Then us siblings paid some of our share to the sibling who had been helping out my DM a great deal and had dealt with a lot of issues, just because that seemed the right thing to do - a well brought up lot so we are! :)

OP I hope you get it sorted out whoever you find to help you.

Being an executor and a beneficiary is pretty normal I think. It's just a sign that this was a person close to your relative and involved in her life. Though if she has left the majority of her estate not to a relative or partner that is fairly unusual.

Yes a lot was left to a non family member - the man in question - it's all a bit of a mess and am not sure where to start
Think that seeing a copy of the will and even knowing when the will was written would help

Can you get any further information from the lawyer the executor is using or are they handling it themselves?

The other thing to be aware of is that in Scotland, the direct descendants have a right (ie can't be disinherited) to a certain proportion of the moveable estate (roughly: everything except buildings and land).

Can't remember the proportions but it is something like a half or a third of the moveable estate has to go to the spouse/descendants.

Google Scottish inheritance laws - there are a few law firms that give a good summary.

Thanks so much for your advice ! Have been worrying that he will just be binning family photos and furniture that will be meaningless to him but of sentimental value to my family

Are you able to get up at all? I'm really sorry that you are in this shitty situation. Is your parent still alive or are you the main family beneficiary?

It's so tricky to go because of work , kids , life ! And I am not sure how much authority I would have to even aka access to the house ? My brother is a beneficiary too but he lives abroad

I think you need to instruct a Scottish solicitor as a matter of urgency
You should be able to ask for personal items from the property
If you think the Will was granted by your Grandmother while she was under undue influence or was not legally competent you need advice on challenging the Will
Not an easy road but worth getting initial advice
Speak to the firm recommended earlier, if they cannot take it on they should be able to recommend someone
It will not be cheap to take a case all the way,but worth having an initial consultation
Get a quote Probably £500 / 750 plus VAT

Thanks for the advice yes I will definitely need to talk with a solicitor
Have seen the original will now and in it she has bequeathed some personal items to various relatives and the 'residue ' of the estate goes to him . Is this normal ? I thought you would typically name the house it that odd ? See am I just looking for issues ?

As I understand it, the house (if that is the "residue") can go to him but your grandmother's children (or grandchildren, if the children predeceased them) have a right, which cannot be written out of the will, to 50% of the "moveable estate" (assuming there is no surviving spouse), split equally amongst however many children there were (so if there were 3 children who had all died, the grandchildren children of each child would get a share of the third that their parent would've got) - essentially everything except land and the house(s).

The children/grandchildren can choose to allow someone else to have more - but they have to consent to do this and are under no obligation to do so.

You've probably already looked and googles, but this explains it reasonably clearly:

www2.gov.scot/Publications/2005/12/05115128/51285

Is the "him" in this scenario a spouse/civil partner or relative?

"Common law" partners don't count as spouse or civil partners as far as the rights of succession go (unless I am reading incorrectly).

B. Where the deceased left a valid will
Where a will has been left, the prior rights described in note 1 above do not apply. However, the legal rights described in note 2 may be claimed by a surviving spouse or civil partner or a child, although any person who has rights under a will as well as legal rights has to choose between them; he or she cannot have both. Thus, for example, if a man dies leaving his widow a bequest of £2,000 in his will, she can choose to accept it,
or alternatively claim the one-third or one-half of his moveable estate which is her legal right.

I think this is the pertinent bit to be honest. It would up to you to decide whether the bequest is worth more or less than your legal entitlement and then choose which to have.

Thanks so much for your help does anyone know of a good solicitor in the Aberdeen area ?
I think I need to have one on board and will go and meet someone face to face

This is a list of possibles from the Law pages:

www.lawscot.org.uk/find-a-solicitor/?Name=&Postcode=aberdeen&AreaOfLaw=PWills&type=firm

I have no experience of any but maybe pick a couple of them and have a google?

I do have some distant family from the area so I will ask but can't guarantee I'll get an answer or anything of use.

Very normal to leave the residue
Legal rights basically per PPs comments
But should consider a challenge
Unusual for an older person to favour a non family member to that extent
If you phone the Law Society they should be able to recommend someone

Hi. Wondering if anyone could recommend a good Conveyancing solicitor in the Lanarkshire area (Hamilton)

Just lost a house because my last one made an absolute mess of the transaction and we couldn’t complete on the house.

Having to deal with that separately but really don’t want to go through another purchase with a bad solicitor

Thanks

For a Scottish solicitor, DH and his family have used LowBeston and Richmond. Offices in Glasgow and Large. Highly recommend for house sales, wills, factoring and neighbour disputes.

Oops Beaton