Will / Probate questions

[Dunky2k]

Hi everyone,

I am needing some general advice regarding my late fathers Will.

Unfortunately after years of not speaking to my father as a result of a family dispute with my sister, my father passed away earlier this month. After attempting to request some information from my sister in regards to any Will that he may have had, i received a letter from a lawyer to advise that they had been instructed by my sister (executor of Will) that there was a Will, however i was not mentioned in the Will, however i was entitled to Legal Rights irrespective of whether i was mentioned in the Will or not.

I have also been advised that I am not entitled to see a copy of the Will until probate (confirmation) has been granted, and until such times only the executor can see it.

My father was not a rich man, nor did he own any property, so i am wondering why probate (confirmation) is required in this instance for his estate, can someone please simplify when probate is required in Scotland.

Regarding Legal Rights, I have been advised that I am entitled to one quarter share of the net moveable estate, I assume that since it is only my sister and I that are siblings, then this one quarter is half of the half share of Legal Rights that we are entitled too. What happens to the other half share of the net moveable estate.

If the Will has any named beneficiaries for financial gain, do these payments come out of the 'other' half of the estate, or does this come out of the siblings half?

I also am aware that you cannot claim on both parts, i.e. Will & Legal Rights, so what happens if my sister is named in the Will, what then happens to my share of the Legal Rights, does that stay at one quarter regardless?

I appreciate that I have generalised here and will more than likely need to speak to a lawyer for some more advice, but i need to know what sort of things i should be asking or expect to be asked.

Finally, should i wait until i hear from my sisters lawyer again regarding what the calculation is regarding my share of the net moveable estate, or should I be trying to get a copy of the Will to see what has been said beforehand, I don;t want to be in the position where its too late to challenge anything that i don;t understand or agree with.

Many thanks in advance for any information that can be provided to help me figure out what the best action to take is.

[sederunt]

Confirmation would be necessary if a fund holder requires same to release funds. A few fundholders operate low thresholds. For example Confirmation might be required to release say £5,100 in premium bonds. Another possible reason is to empower the executor to initiate or pursue a court case.

Legal rights (legitim). The rest of the net moveable estate is distributed as per the will.

If your sister opts for a will legacy rather than legitim, your share does not increase.

The fact that a solicitor is involved and has communicated with you regarding legitim is surely positive.

[Dunky2k]

sederunt Many thanks for your reply and for a brief explanation of why or when confirmation may be necessary.

Unfortunately my sister is very devious, and would take every opportunity to ensure that i received nothing, keeping everything for herself, however i think that this may have backfired on her after being advised that in Scotland I am entitled to Legal Rights.

Yes its positive that a solicitor has advised that I am entitled to this and I am sure in time I will see what I am entitled too.

Going by experience, am i likely to get a breakdown of what his estate was worth and where everything went and to whom, or am i just likely to receive notice of what I am entitled to?

Either way, should i be looking to obtain a copy of the Will regardless once it has been confirmed?

Thanks again for your assistance in this matter.

[sederunt]

Once Confirmation has been issued, a copy of the will and the Confirmation can be obtained from the SCTS. https://www.scotcourts.gov.uk/taking...d's-estate

A Grant of Confirmation contains an inventory of the estate with values.

If the solicitor is dealing with the distribution you might well receive a note of the calculation of your entitlement and a request for your approval. But be aware that if your sister is the executor she has control and the solicitor is merely an agent.