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Hi. An emotional and stressful situation but I’ll try and be succinct.
My Father died just under six months ago. The executors to his will are his sister and wife (not my mother). I did not grow up with my Father, but did have regular contact. I do not know the sister or wife well. The wife came on the scene late in the day and married my Father a week or two before he died. This is in western Scotland.
I have been sent a copy of the will by my Father’s sister. My brother and I have been left a significant share. We have been left a third share of the sale of a property each (along with the wife) plus a third of whatever is left of movable assets. There are also some fixed sums left to various other family members. I am aware of Legal Rights in Scotland but I believe, although nobody has shown me any figures, that the share left in the will is greater than that due to Legal Rights.
To my knowledge, distributions have not yet been made to anyone. The property has been sold but it’s unlikely to have completed yet.
We are now moving into rumour and hearsay…Several things we have been told by other family members have raised red flags that the executors are not acting in my brother and I’s best interests, and the wife may be actively trying to spend all of the money.
I will list some of these red flags (again they are being told to us second-hand so must be taken with a pinch of salt):
I don’t want to go charging in and accuse the executors of wrongdoing, I have no evidence of this, but I do want to ensure they are doing things properly and my brother and I are treated fairly.
What are my rights at this point? How can I make sure all assets have been included in the estate? Are we allowed to see accounts to make sure it is being handled fairly? What would you advise be my next step?
Ideally, I want to keep things cordial with the executors. However, I will engage solicitors if that is what is required. My gut feeling is that this is unfortunately where it will end up.
Thank you for taking the time to read this.
My Father died just under six months ago. The executors to his will are his sister and wife (not my mother). I did not grow up with my Father, but did have regular contact. I do not know the sister or wife well. The wife came on the scene late in the day and married my Father a week or two before he died. This is in western Scotland.
I have been sent a copy of the will by my Father’s sister. My brother and I have been left a significant share. We have been left a third share of the sale of a property each (along with the wife) plus a third of whatever is left of movable assets. There are also some fixed sums left to various other family members. I am aware of Legal Rights in Scotland but I believe, although nobody has shown me any figures, that the share left in the will is greater than that due to Legal Rights.
To my knowledge, distributions have not yet been made to anyone. The property has been sold but it’s unlikely to have completed yet.
We are now moving into rumour and hearsay…Several things we have been told by other family members have raised red flags that the executors are not acting in my brother and I’s best interests, and the wife may be actively trying to spend all of the money.
I will list some of these red flags (again they are being told to us second-hand so must be taken with a pinch of salt):
- Personal (not joint) bank accounts were drained in the lead up to my Father’s death (he was unable to leave the house) by his wife and money was spent from his accounts in the immediate days following his death
- His (again not joint) car was “not part of his estate and nobody’s business”
- The contents of his house were given away to other family members (this is not specified in the will)
- The sister has offered to pay, out of the estate, for anyone who wants to go on holiday to scatter my Father’s ashes in his birthplace. This is not specified in the will and is not nearby.
- The sister has threatened several other beneficiaries (not us) with “getting nothing” if they cause her any trouble.
I don’t want to go charging in and accuse the executors of wrongdoing, I have no evidence of this, but I do want to ensure they are doing things properly and my brother and I are treated fairly.
What are my rights at this point? How can I make sure all assets have been included in the estate? Are we allowed to see accounts to make sure it is being handled fairly? What would you advise be my next step?
Ideally, I want to keep things cordial with the executors. However, I will engage solicitors if that is what is required. My gut feeling is that this is unfortunately where it will end up.
Thank you for taking the time to read this.
