Checking a will

madbadrob

Firstly if a court as ordered that no more money be taken from the estate and you can prove he has then he is in contempt of court which is a criminal offence and the police can get involved. There are rules for executors that if they do not follow them can lead to a criminal prosecution especially if a fraud as been committed.

You are right however that probate is a civil matter and would end up costing thousands as I dont believe legal aid would be available

Rob

prettyfires

madbadrob wrote: »

Firstly if a court as ordered that no more money be taken from the estate and you can prove he has then he is in contempt of court which is a criminal offence and the police can get involved. There are rules for executors that if they do not follow them can lead to a criminal prosecution especially if a fraud as been committed.

You are right however that probate is a civil matter and would end up costing thousands as I dont believe legal aid would be available

Rob

I have had the Police at my home, shown them the written evidence from my stepfather's lawyer that he has breached the interim interdict, which is a criminal offence, yet they still say they are unable to get involved because it is a 'civil' case.
I have always paid my taxes... yet me and my family are being denied justice - the Police tell me I need to take this to court to have him charged with these criminal offences.
What do you have to do ... ?

Legal aid is not available ...I have tried.

So it comes down to money - unless I have the money to take him to civil court, he will get away with criminal acts....
A clear message to 'Executors' in Scotland, apparently you can do whatever you want because the law doesn't work, the Police aren't interested, and ordinary folk can't afford to go to civil court...

madbadrob

I have just spent the last 20 minutes looking at the directions given for starting a committal hearing for contempt of court and its not very clear cut. It would seem that you would have to serve the original order to desist from using the estates money along with a form informing him of the committal hearing etc. You could of course do this yourself although the serving would have to be done by someone qualified to serve and presnt an affidavit at court. It would be advisable as you have found to use a solicitor for this and then this costs money which you could claim back from the defendent but if he has no money you would be waiting a long time for it.

Rob

prettyfires

madbadrob wrote: »

I have just spent the last 20 minutes looking at the directions given for starting a committal hearing for contempt of court and its not very clear cut. It would seem that you would have to serve the original order to desist from using the estates money along with a form informing him of the committal hearing etc. You could of course do this yourself although the serving would have to be done by someone qualified to serve and presnt an affidavit at court. It would be advisable as you have found to use a solicitor for this and then this costs money which you could claim back from the defendent but if he has no money you would be waiting a long time for it.

Rob

Rob,
Thank you, thank you ! I really appreciate the time you have taken to help.
It's very complicated and there is a saying in the legal community 'Anyone who represents themselves, has a fool for a client'.
It all costs money.... I have spent over £30k already and am told we are only a third of the way to court. I have no money to go further...
It could take another two years to get to court, then even if I win, he has the right to appeal which could take another two years.... meantime although there is an interim interdict on the estate, he is continuing to spend my mum's estate and I can't stop him. So even if four years down the line I 'win' , there could be nothing left in the estate....
This must have happened to others as well... I can't be the only one !!
I have contacted my MSP in the hope they will encourage the Police to become involved. I have plenty evidence ...
Many, many thanks again..
I will keep you updated...

claire1234

hi there,

didnt want to start a new thread but just had a quick question,

what happens to a persons belongings once died if not mentioned in the will?
for example the persons car or furniture in the house?

the will says the house is to be divided between the (adult) children,

thanks in advance for any help,

madbadrob

That would be up to the executor(s) they could sell them and share the cash between the beneficiaries. If they are of equal value he could just give them to beneficiaries.

Rob

claire1234

thank you very much madbadrob

YesWillMan

claire1234 wrote: »

hi there,

didnt want to start a new thread but just had a quick question,

what happens to a persons belongings once died if not mentioned in the will?
for example the persons car or furniture in the house?

the will says the house is to be divided between the (adult) children,

thanks in advance for any help,

The house to be divided it says in the will what about the residue? If not specifically mentioned personal effects car etc form part of the residue they do not go with the house unless the beneficiaries are the same for both. It really depends on the wording in the will.

gyromain

I have a rich uncle who's wife has recently died. Assuming they both had "mirrored wills" and that probate has been obtained for my aunt, is is possible to use the form "Application for a probate search" for my aunt's will to find out what is in my uncle's will on this death?

Gyromain

Mojisola

gyromain wrote: »

I have a rich uncle who's wife has recently died. Assuming they both had "mirrored wills" and that probate has been obtained for my aunt, is is possible to use the form "Application for a probate search" for my aunt's will to find out what is in my uncle's will on this death?

You can certainly get a copy of your aunt's will but it won't tell you anything for definite about your uncle's.