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Hey guys,
Quick background - Dad died in November from stomach cancer. Knew he was going (as did we) so he got his finances in order. With no malice he explained he was leaving all his money to his wife (not my Mother), and the money would then be split between me and my brother when she died. Seems fair, though I could well be 70 myself by then and hopefully with little need for it!
Issue is, despite being born and raised in Kent (as I was and still live here), he spent the last decade of his life in Scotland.
Now I didn't know until he died, but Scottish law allows the person's children to claim rights to "movable" estate (so everything except his house pretty much), which for reasons I don't quite understand would be 1/6th for me, another 1/6th for my brother.
So last week, nearly 6 months later, his estate is calculated and I'm told the amount. It isn't huge, but given I currently have no money, am struggling to start a business, live meal to meal, and have even considered shoplifting just to eat, it would certainly set me for the next few years at least, could possibly even get me a property if I invest wisely.
I don't want to go against his wishes, but on the moral side I'm pretty much decided. I won't be leaving his wife short by means, she is highly qualified and earns a decent amount herself, so won't exactly struggle, and part of me wonders if my Dad knew this would happen and did it like this so as not to "rock the boat". Certainly his style, a very clever and diplomatic chap!
But my main issue, and why I'm posting here, is knowing what to do next. The letter his solicitor sent says (obviously) as they represent him, they can't offer legal advice or represent me. I can't afford a solicitor myself, and it kind of doesn't matter - phoned a local reputable place and they explained that not only is Scottish law so different to English law they wouldn't want to take it on, from a legal view, Scotland is separate from England & Wales, so they wouldn't be allowed to deal with this anyway.
So what do I do? The letter has two tickboxes (I wish to claim his estate/I wish to discharge my claim), but I assume it isn't a case of ticking a box, signing it, sending it back, and getting a cheque? I assume this means months, or years even, of legal battles? I just don't have it in me, nor do I have the money. I've had serious mental health issues myself, and since my Dad died I have attempted suicide, so a hearty legal battle is last thing I need.
Any advice or answers massively appreciated here guys. Loads of other little things confusing me too about the letter I got and the breakdown of his estate, but I'm beyond thinking about it right now and I doubt they're answerable questions anyway.
Quick background - Dad died in November from stomach cancer. Knew he was going (as did we) so he got his finances in order. With no malice he explained he was leaving all his money to his wife (not my Mother), and the money would then be split between me and my brother when she died. Seems fair, though I could well be 70 myself by then and hopefully with little need for it!
Issue is, despite being born and raised in Kent (as I was and still live here), he spent the last decade of his life in Scotland.
Now I didn't know until he died, but Scottish law allows the person's children to claim rights to "movable" estate (so everything except his house pretty much), which for reasons I don't quite understand would be 1/6th for me, another 1/6th for my brother.
So last week, nearly 6 months later, his estate is calculated and I'm told the amount. It isn't huge, but given I currently have no money, am struggling to start a business, live meal to meal, and have even considered shoplifting just to eat, it would certainly set me for the next few years at least, could possibly even get me a property if I invest wisely.
I don't want to go against his wishes, but on the moral side I'm pretty much decided. I won't be leaving his wife short by means, she is highly qualified and earns a decent amount herself, so won't exactly struggle, and part of me wonders if my Dad knew this would happen and did it like this so as not to "rock the boat". Certainly his style, a very clever and diplomatic chap!
But my main issue, and why I'm posting here, is knowing what to do next. The letter his solicitor sent says (obviously) as they represent him, they can't offer legal advice or represent me. I can't afford a solicitor myself, and it kind of doesn't matter - phoned a local reputable place and they explained that not only is Scottish law so different to English law they wouldn't want to take it on, from a legal view, Scotland is separate from England & Wales, so they wouldn't be allowed to deal with this anyway.
So what do I do? The letter has two tickboxes (I wish to claim his estate/I wish to discharge my claim), but I assume it isn't a case of ticking a box, signing it, sending it back, and getting a cheque? I assume this means months, or years even, of legal battles? I just don't have it in me, nor do I have the money. I've had serious mental health issues myself, and since my Dad died I have attempted suicide, so a hearty legal battle is last thing I need.
Any advice or answers massively appreciated here guys. Loads of other little things confusing me too about the letter I got and the breakdown of his estate, but I'm beyond thinking about it right now and I doubt they're answerable questions anyway.
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