Looking for some legal advice

Money_Saving_Scot

Hi all!

I am looking for some advice.!

So I have a mum and dad.!

Both me and my mum are based in Scotland

My mum is a social tenant who has low amount of wealth and only has a car and furniture to her name.!

My father lives in England and is actively searches for unclaimed estates on my fathers side of the family.!

My mum and dad married in excess of 30 years ago

My mum and dad separated without any legal agreement and the separation was to due to domestic abuse including financial abuse to both of us and adultery.!

Now my mum is not getting any younger is now an OAP.!

I am now looking for advice on what to do next as my mum does not want any of her money or possessions to go to my dad however is reluctant to divorce or pay for a solicitors will due to costs and religious reasons.!

My mum would like to ask if I would be forced by law to contact my father in regards to her death or advertise her death due to her legal relationship with my father?!!
Also how would my father know if she had died?!
And how can I protect my mothers assets and money from my father?!

Thank you in advance.

dawyldthing

I think once married you dad becomes next of kin regardless, until they get married.

With the rest of it might be worth going to citizens advice or having a consultation with a solicitor as rules might be different in Scotland

Rubik

If you are looking for legal advice, then you will need to speak with a solicitor.

Has your Mum made a Will?

You don't have to tell your father when your Mum passes away, but you will need to place an advertisement in a newspaper when she dies so that any money owed by the estate can be claimed.

Primrose

I can't answer your questions because some aspects of the law may e different in Scotland.
However an important question to ask is: Has your mother made a recent will so that her final wishes are made clear?
I don,t think you can be forced to notify your father of your mother,s death but unless they were divorced he will still be her legal husband and possibly entitled to some of her assets. Does your mither own a house e and whose name/s are on the deeds?

I think the reality is that if your mither does not want a divorce for whatever reason, she will have to face the consequence of dying as a married woman and the law regarding the dispersal of her assets will have to be dealt with on that basis, no matter how many years your parents have been separated.

Do you know where your father lives or has he disappeared with no known address?

Voyager2002

I think your mother will have to make a will of some kind. See if you can get a free 30-minute appointment with a solicitor to find out the basic: it sounds as if her affairs are very simple so a statement of her wishes, with her signature properly witnessed, should be all that is required.

unholyangel

Unfortunately this is not something a will can help with since - in scotland - you cannot disinherit your children or your spouse. They have certain legal rights and therefore, it will be a duty of the executor to inform him of this right and ensure he receives his entitlement.

Your mum needs advice and really should consider a divorce.

sheramber

As said above in Scotland you cannot disinherit a spouse.

Whoever deals with your mother's estate is required to notify her spouse and advise him that he can claim his legal rights. This applies whether there is a will or not.

He can decline to claim them.

The only way to ensure he does not inherit anything is to divorce him.

If she little wealth then there may not be any estate left after paying for her funeral.

Some lawyers offer a free half hour consultation when your mother could confirm the position or contact Citizens Advice Bureau.

Spendless

Money_Saving_Scot wrote: »

Hi all!

I am looking for some advice.!

So I have a mum and dad.!

Both me and my mum are based in Scotland

My mum is a social tenant who has low amount of wealth and only has a car and furniture to her name.!

My father lives in England and is actively searches for unclaimed estates on my fathers side of the family.!

My mum and dad married in excess of 30 years ago

My mum and dad separated without any legal agreement and the separation was to due to domestic abuse including financial abuse to both of us and adultery.!

Now my mum is not getting any younger is now an OAP.!

I am now looking for advice on what to do next as my mum does not want any of her money or possessions to go to my dad however is reluctant to divorce or pay for a solicitors will due to costs and religious reasons.!

My mum would like to ask if I would be forced by law to contact my father in regards to her death or advertise her death due to her legal relationship with my father?!!
Also how would my father know if she had died?!
And how can I protect my mothers assets and money from my father?!

Thank you in advance.

If your Mum lives in social housing and only has a low amount of money, furniture and a car to her name what things is she worried about your Father inheriting?

Is the total value of what she owns more than what a divorce would cost? Is it likely your Father would want any owned furniture, baring in mind he'd have to transport it from Scotland to England. I'm guessing the car isn't an expensively owned outright one due to the description of what else your Mother has to their name

Primrose

If your mother lives in social housing, do you live with her? You may not have any right to an inherited tenancy, which I might give your mother as much concern as anything about what your father might be able to inherit.