Confirmation Certificate Property Sale

[wonderwander]

My maternal grandmother died january 2021.
My own mother died in 2012, therefore I am entitled to my mother's share of her own mother's (my grandmother's) estate. I am an only child.
My grandmother was widowed, and had 4 children (my mum deceased, plus my 1 uncle and 2 aunties, ie my mum's siblings are all still alive).
My grandmother owned her property and she had a will. I understand that there may not be any movable estate left that I would have an entitlement share to. I understand that i may not have any entitlement (on my deceased mother's behalf) to a share of the nonmoveable estate either ie my grandmother's house, if my grandmother decided to not include my mother as a beneficiary to her non movable estate property.

I am concerned however that the property has been sold following my grandmother's death (confirmed sale in October 2021), despite no confirmation certificate having yet been registered with the sheriff court? I have contacted the sheriff court who say they have no confirmation certificate registered with them. I do not understand how the property sale was allowed to take place without a confirmation certificate having been granted for the deceased's estate?

Unless my grandmother transferred the ownership of the property to one of her family members whilst she was still alive, and they are selling it as the owner, hence no confirmation certificate required? I find it doubtful that she would have done this however?

I am estranged from the family and do not have confidence that they would be truthful with me anyway? How do I find out if this has been an illegal house sale since there is no confirmation certificate? I would also like to know whether I (as my mum's surviving family member) have indeed been cut out of receiving anything from the estate (whether movable or non moveable).

Thanks

[wonderwander]

Update - Sheriff Clerk has just emailed to apologise - confirmation was granted July 2021, but she missed it when she looked for it! I'm paying to have a copy of the will and confirmation certificate emailed to me tomorrow.

[sederunt]

If your GM’s Will predates your mother’s date of death and the Will contains a legacy for your mother, then you may have an entitlement to that legacy (unless the will says otherwise). See section 6 of the Succession (Scotland) Act 2016


In any case, you may have an entitlement to your mother’s legitim by ‘representation’. See section 11 of the Succession (Scotland) Act 1964. This would only be against any net moveable estate. (GM had four children therefore ¼ of ½ = 1/8th)


Normal to opt for either legacy or legitim. Usually cannot have both.

[sederunt]

On reflection, section 6 as above would only apply to a Will after Nov 2016 so not relevant here. But section 6 did replace previous provision.