Mothers Will leaves everything to one Sibling

[TriesHard]

Hi,

I have a question regarding my late mothers Will. She has recently passed away and appears to have left everything to my sister. We are not a 'well off' family we have no assets, mum didnt own her own home, but she would have had some savings albeit not much. However, she has four children, all in our 50s yet her Will states everything is to be left to one sister. My sister is adamant that we are not entitled to anything as its all been left to her. We have see a copy of the Will and her wishes are that everything is left to one sister, who is also the executor

I thought that in Scotland it was not possible to exclude 'children' in this way, and while a quarter share of her estate would be nothing to speak off, I do feel that in principle its wrong to exclude myself and my other 2 siblings.

Is there anything we can do?

[sederunt]

All the children have entitlement to legal rights (legitim). If no surviving spouse or civil partner, then legitim is ½ of the net moveable estate. So the three children not mentioned in the will are entitled each to ⅛ of the net moveable estate (assuming that there are no children predeceased).

If there is a solicitor involved, then this will be picked up and dealt with.

If no solicitor then more problematic. If the executor cannot be convinced then would require court action against the executor, which might make no sense financially.

[TriesHard]

Thank you sederunt

There is no solicitor involved I'm afraid, and as you say it would probably make no financial sense to raise a court action as we don't have much. However, knowing that we have rights might make our sister consider sharing what she has been left as its really only money from my latepthers bank account as there are no assets.

thank you

[TriesHard]

Apologies Sederunt, can I ask another question please.

As i dont know how much would have been in my late mothers bank accounts am i legally entitled to ask the executor (my sister) to provide details of how much money was/is in my late mothers bank accounts? I feel myself, and my other 2 siblings should be able to know this detail as we may want to consider court action, however I am not sure if we can ask the executor to provide this information.

Can we ask for this information?

[sederunt]

Legal rights are allowed against the net estate so bank account details on their own will not be an indication. Expenses and liabilities would have to be considered.

I cannot see any negative to informally asking what the estate value is.

[TriesHard]

Thanks Sederunt,

my mother had paid for her funeral in advance so i think the only expenses due would have been any rent and council tax due to the local authority, and any electricity due after the final reading.

I will ask my sister what the net value of the estate is and see if she provides any details.

thanks again for you help it is very much appreciated.

[TriesHard]

Hello,

A short update as I asked my sister for the net value of my late mothers estate and was told I would need to wait 6 months before this would be available.

However, she has asked, as the executor and via a text message, for myself and my other siblings to send our bank details so that she can send us money from my mothers estate. This would suggest the net value of the estate is available, but for some reason she does not want to share the document with us.

Moving forward, and as she now appears to be willing to share something with myself and my other siblings, can I ask whether there should there be a formal document, agreement or 'something' to sign before any money is transferred to my siblings and i (as beneficiaries) as it seems a bit odd to simply provide your bank details to the executor then wait to see what appears in your bank account?

[atticus]

This would suggest the net value of the estate is available...

Or that an interim distribution can now be made.

[TriesHard]

Thank you for responding Atticus i appreciate your help. My sister is not open to discussing anything and as such I am unsure what our next steps should be.

[sederunt]

Six months from the date of death is commonplace to allow creditors to appear.

Realistically, a family member is not going to offer the levels of accountability and procedures that a solicitor would, but you would hope for some indication of the estate size and how your share has been calculated.