Will / Probate help (Scotland)

Utterlyconfused81

Hi, I am hoping for some advice on the following, I apologise that it’s a tad long winded and somewhat complex scenario but I am at an utter loss as to where to start.

I’ll try to include as much information as possible to hopefully shed as much light as I can on what is a rather unusual situation.  

I had not spoken to my immediate family for a number of years, both my parents had alcohol issues and my dad was a violent drunk.  I chose over the years to phase both my parents out of my life after years of trying to maintain a relationship for my own mental wellbeing, something that also extended to my younger brother who also has a number of issues.

Last week on my 40th Birthday my partner received a letter from a Genealogist and Probate Researcher who were trying to find me regarding my dad’s estate.  I had not spoken to him for roughly 17 years so had no idea he had passed away.  Despite our relationship or lack of it this was a rather unpleasant and upsetting way in which to find out a family member had died.

In an attempt to find out more information I tried to reach out to my Mum who I had also not spoken to in a number of years.  Upon calling the number I last had for her I discovered the number was no longer in use.  That gave me an uneasy feeling and I signed up to one of the Ancestry websites where I discovered she has passed away just over 2 years ago.

I tried in vain to find contact details for my brother or even an online presence to no avail.  At that point I was concerned something may have happened to him as I had never expected to be included in my dad’s will and was unsure why they were looking to contact me.

Despite several days of trying to think of anyone who may be in contact with him I was unsuccessful so I contacted the Genealogist who had written to my partner earlier today.  I was advised that they were instructed to track me down by the solicitors who are dealing with my dad’s estate. 

I then spoke to the solicitor who advised that the had been trying to contact me for a couple of months with no success as both addresses they wrote to were former address (we moved a year and a half ago).  I was advised that in Scotland it is not possible to disinherit a child and as such I am entitled to a percentage of my late Dads estate, something I had no idea of.  She went through the details briefly, confirmed that my brother is still alive and was named as the executor of my dad’s estate.  I asked for her to pass on contact details as I would like to talk to him as I have been unable to find out any information regarding my Mum’s death and had to be told the details of my dad’s by the solicitor. 

The questions I now have are the following:

She advised that once I receive the information in the post from them I can either accept or decline the amount that has been assigned to me.  Is there a reason why I should decline?  She also said I will likely want to contact a solicitor to act on my behalf.  I am unsure as to why I would need one.

What did become very clear is that the sum I have been left if much less than my brother.  There was a property purchased by my dad in 2017 that some 5 years ago my Mum told me was to be left to my brother.  That contact with my Mum was the last I had with her and come about as she contact me to say my dad was “considering” including me in his will.  I told her to tell him to do what his conscience saw fit and left it at. 

My understanding is that there was a sum of money, that then gets halved and that would normally be divided between spouse and children.  As my Mum had passed that would then mean that the sum gets split in half between myself and my brother. 

Does that mean then that the other half of the original sum goes to my brother along with the property?  

 

If the answer to that is yes, do I have any grounds to challenge that or is it simply just not possible / worth it.

Had this happened the other way round I would have taken the estate regardless of my dad’s wishes and divided it equally between myself and my brother.  I know all too well that will not be the mindset of my brother as he has eagerly anticipated his inheritance for a very long time. To my knowledge he has never worked a day in his life, maintained a relationship with my dad purely on the basis that he would be sole heir yet in my lifetime had never had a good word to say about the man. 

Any advice would be greatly appreciated as the last few days have been immensely stressful and upsetting.

Gers

Here's a link which should help a little.

http://advisingfamilies.org/uk/information-portal/family-matters/legal-rights-scotland/

Note that property is not subjected to legal rights - just 'moveable' estate - cash and chattels basically.

Utterlyconfused81

Thanks Gers.

So I am clear on the property, that is not factored in and having not seen the will can only assume it goes to my brother.

It's the moveable estate that is confusing me.  It states that in the case of no spouse, as the case with my mum also being deceased that the children are entitled to one half of the estate.  I take that to mean then that the figure I was provided earlier is an equal amount to that of what my brother will receive, not including obviously that value of the property. 

The thing that is confusing me is the solicitor advised on one sum of money as being "legal right" from my dads estate, but then advised there was a further sum I am entitled (slightly smaller in value than the first) to as this is because our mum is no longer alive. 

Brackenfield

I would get legal advice.  I think you are entitled to your legal rights from both parents. 

And I am guessing that the reason you might decline an offer would be depending on which route financially benefits you more..... so if you are willed  £5 but your legal rights would give £10 you would claim your legal rights.  You can choose the willed amount or legal rights, not both.

You would need sight of both wills I think to decide and a clear understanding so I'd pay for some expert guidance from a Scottish solicitor. 

Utterlyconfused81

Thanks Brackenfield, I had came to the same conclusion earlier and contacted a solicitor a friend recommended that helped him with his mums estate when she passed, I am hoping to hear back tomorrow. 

I had hoped to try and find out as much as possible before speaking to one though on the basis I am slightly skeptical of them and prefer to be well informed on a subject before entering into conversation / discussion on it.  But I really do appreciate the replies so far, any information is better than none and I understand it may well be a rather complex and odd situation to advise on. 

skintmumofone

Utterlyconfused81 said:

Thanks Brackenfield, I had came to the same conclusion earlier and contacted a solicitor a friend recommended that helped him with his mums estate when she passed, I am hoping to hear back tomorrow. 

I had hoped to try and find out as much as possible before speaking to one though on the basis I am slightly skeptical of them and prefer to be well informed on a subject before entering into conversation / discussion on it.  But I really do appreciate the replies so far, any information is better than none and I understand it may well be a rather complex and odd situation to advise on. 

What do you need to know I’m an executry paralegal in Scotland and have dealt with this for over 20 years would be happy to offer some info if you need it