Serious Advice Needed

Money_Saving_Scot · 30 May 2016 at 10:23PM

Hello all,

I don't know if anyone could help me, however I live in Scotland and I am worried when my mother passes away what will happen to her assets! The thing is that my mum and my dad are married thou separated due to extreme domestic abuse from my dad towards my mother for over 15 plus years and I went to see a solicitor a few years back and I just want to confirm a couple of things if this is correct and please correct me if they are wrong! as I do not want my father to have any hands on any of my mums assets. Firstly I was advised that my mums assets would automatically transfer to my father? Secondly I was advised I would have to post death divorce my mother from my father? (My mum WILL NOT divorce my father due to strong religious reasons however IF NEEDS be I dont know if I was informed that my abusive father would get hands on her belongs would change her position) Thirdly I would have a legal obligation to inform my father of her death even thou I dont know where he lives, if he is alive or anything? and lastly is it right if I had a notorised Will this could ensure that my mother assets would be transferred to myself thus honoring her marriage vows and kept married? I just need to be given some reassurance on that my father will never have his dirty hands on any of my mothers stuff and also i worry about the unknown and stuff as I suffer from Autism Specturm Disorder (Asperger's Syndrome) Thank You in advance of your help and support!

Torry_Quine · 30 May 2016 at 10:32PM

Your mum definitely needs a will to ensure that her estate goes to who she wants as her husband would inherit if she died intestate. You do not need to inform anyone when someone dies. this should help http://www.scottishwills.com/wills/intestacy.html

Money_Saving_Scot · 30 May 2016 at 10:48PM

Torry_Quine wrote: »

Your mum definitely needs a will to ensure that her estate goes to who she wants as her husband would inherit if she died intestate. You do not need to inform anyone when someone dies. this should help http://www.scottishwills.com/wills/intestacy.html

Thank you very much Torry for your advice, would a Will have to be done though a solicitor? as me and my mum are all we have got and I do not have any other family! So how can I get a Will for my mum?

theoretica · 30 May 2016 at 11:16PM

As this is Scotland I believe that the widow or widower can claim 1/3 of everything someone has to leave, except the house, even if there is a valid will which says otherwise. (He or she also gets more if there is no valid will).

Your mother should see a solicitor about writing a will. If you think it likely that your father has already died perhaps research into this would be worthwhile as it would simplify matters for her if he has.

However, you write about what you want to happen, I hope this is just the words you use as this is your mum's choice to make, not yours.

getmore4less · 31 May 2016 at 7:11AM

Another strategy used it to give everything away before you die.

This is by no means straightforward as there can beknock on issues so need full research and advice.

missbiggles1 · 31 May 2016 at 7:23AM

Money_Saving_Scot wrote: »

Hello all,

I don't know if anyone could help me, however I live in Scotland and I am worried when my mother passes away what will happen to her assets! The thing is that my mum and my dad are married thou separated due to extreme domestic abuse from my dad towards my mother for over 15 plus years and I went to see a solicitor a few years back and I just want to confirm a couple of things if this is correct and please correct me if they are wrong! as I do not want my father to have any hands on any of my mums assets. Firstly I was advised that my mums assets would automatically transfer to my father? Secondly I was advised I would have to post death divorce my mother from my father? (My mum WILL NOT divorce my father due to strong religious reasons however IF NEEDS be I dont know if I was informed that my abusive father would get hands on her belongs would change her position) Thirdly I would have a legal obligation to inform my father of her death even thou I dont know where he lives, if he is alive or anything? and lastly is it right if I had a notorised Will this could ensure that my mother assets would be transferred to myself thus honoring her marriage vows and kept married? I just need to be given some reassurance on that my father will never have his dirty hands on any of my mothers stuff and also i worry about the unknown and stuff as I suffer from Autism Specturm Disorder (Asperger's Syndrome) Thank You in advance of your help and support!

You may want to advise your mother but this is her money you're talking about, not yours. She may want you to inherit everything when she dies, but she might want her husband to receive it or she might want to leave it all to the cats' home - the decision is hers.

As you're only in your mid 20s, your mother can't be very old so, unless she has some mental problems you need to back off - she may even form a new relationship in the future and want to leave everything to him.

Keep_pedalling · 31 May 2016 at 9:45AM

What ever your mother's wishes are, in her situation none of them will come to fruition unless she gets her finances and will in order.

If she can't overcome her religious hang ups and divorce the brute, then she needs to get a will sorted out as a mater of urgency, and this needs to be done by a professional so get her to make an appointment with a solicitor ASAP. Doing this on the cheap could cause major problems when it comes to sorting her estate.

She also needs to consider some what if scenarios, such as you pre deceasing her.

Serious Advice Needed

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