Advice - any help appreciated, Scotland.

just_trying

I would appreciate any advice given. We genuinely don't know whether to take this further or just leave it, though leaving it does feel wrong.

My partners mum passed away last year(december) quite suddenly but expected as became suddenly unwell. Anyway, she passed away one person took over everything didn't even indicate where the funeral was or where she was resting, true. Then a phone call was made to another immediate family member there was X amount in bank account and we will need to work out how to get it and xy and z should be done with the money we got the call after and didn't agree with this. The amount was not a large estate, there was also a funeral plan. Not long after the funeral the person who took over everything then found out they could go to the bank and remove all funds, which is believed to have happened due to comments made to another. There was the funeral policy plus enough to cover funeral expenses in the bank, another has since enquired about the funds and been told by someone another immediate family member there won't be much left.  This is a very simple estate no debts and only funeral needing paid, we can't understand that. My partner and one other are not even allowed to know how much the funeral was! 

What would be the next steps, the person who took over can afford solicitor letters to go backwards and forwards and on principle we are considering this but... We just don't know.  The whole thing leaves a very bad feeling. 

Thank you.

sheramber

  The state may be simple but your post is not.
Can you explain who is who as 'person who took over dealing with estate '
Who are immediate family members ? What is their relationship to the deceased?
if you do want to name them given them initials- A, B. C  etc

just_trying

The person who took over dealing with it is a child off the deceased. They took on this role without discussion. They other people are both children of the deceased also.

Savvy_Sue

Have you found this: https://www2.gov.scot/Publications/2008/02/26152921/5

It seems to me to set out very clearly what should have happened. You may not need a solicitor's letter in the first instance: try a letter pointing to that page, and setting out what should have happened. I can't speculate on that, because I don't know what the relationships are. 

just_trying

Thank you savvy, yes that confirms what should have happened.  His close relation spoke for free to a solicitor who said it could cost more than would be received, he said the estate was so simple and should have been dealt with by now. Everyone was on great terms with his mum. Unfortunately it's all the children who are divided who they do and don't speak too.  We were going to give the money to our children, it wouldn't be a lot. I think if the letter was sent once we had her address confirmed it wouldn't be replied to, she would just put letters backwards and forwards via her solicitor. The mistake in Scotland is perhaps for a small estate someone can go to the bank and withdraw the money?

Savvy_Sue

just_trying said:

The mistake in Scotland is perhaps for a small estate someone can go to the bank and withdraw the money?

They can do the same in England too ... 

Well, she may write via her solicitor: you don't have to use one to reply. You could perhaps in your first letter point out what should have happened (as I said), and state that the legal costs of ensuring that it DOES happen will be taken from her share of the estate. 

I don't know, you may or may not get anywhere, it depends how far you want to push it, and whether you want a relationship with her after this. 

just_trying

Thank you,  there was no relationship before this anyway.  There was one stage of trying to be polite.

This may be what will happen,  though wouldn't want her having our address but it's so annoying and been going on so long  with no information she has been so disrespectful. 
I apologise didn't realise it was the same in England. 

Savvy_Sue

If you don't want her to have your address, you can draft a letter for a solicitor to check and send, but limit the instructions to that action.