Scottish law,Uncle has died without leaving will,estate ques
Discussion
My partner's Uncle has died and we received a letter in the first instance wanting to confirm she was indeed related to the decedant and that it was relating to his estate,he never left a will.
So after she confirmed she was indeed the correct person we received a second letter saying that the decedant's sister,my partner's Aunt was going to be the executor of his estate/house,and her grandaughter was going to purchse his house at the valued rate.
So where does the money go for this sale?This latest letter is basically asking if my partner agrees to her being the executor and her grandaughter buying the house.
Thanks!
So after she confirmed she was indeed the correct person we received a second letter saying that the decedant's sister,my partner's Aunt was going to be the executor of his estate/house,and her grandaughter was going to purchse his house at the valued rate.
So where does the money go for this sale?This latest letter is basically asking if my partner agrees to her being the executor and her grandaughter buying the house.
Thanks!
Not sure if Scottish Law is any different, but the money will go to form part of his estate, and then the executor will distribute the funds accordingly.
The estate would normally then go to Next of kin if no will, so the money will go to Either the Spouse, Brother, Sister, Parent, or Child, and it will be down to them if they want to give your wife anything.
The estate would normally then go to Next of kin if no will, so the money will go to Either the Spouse, Brother, Sister, Parent, or Child, and it will be down to them if they want to give your wife anything.
The aunt will have to apply to the local (to the uncle) Sheriff Court to be appointed "executor dative qua sister" (assuming there are no children and both parents are dead, and that other brothers/sisters are in agreement). When that is granted (after a couple of weeks) she will then apply to the court for "confirmation" of the estate which will include the value of all assets both heritable and moveable. The house will have to be valued professionally. The whole estate (less any debts) will pass to the aunt and any other remaining brothers or sisters.
If the aunt wants to sell the house to the granddaughter at the valuation in the confirmation, as executor she can do so, assuming the other brothers/sisters agree. The money from the house sale goes into the estate "pool" for distribution.
This would all normally be dealt with by a solicitor.
If the aunt wants to sell the house to the granddaughter at the valuation in the confirmation, as executor she can do so, assuming the other brothers/sisters agree. The money from the house sale goes into the estate "pool" for distribution.
This would all normally be dealt with by a solicitor.
matchmaker said:
The whole estate (less any debts) will pass to the aunt and any other remaining brothers or sisters.
So if the OPs partners parent (the one who was the sibling of the deceased uncle) has already died, does their right to a share of the estate pass on to their children - including the OPs partner - or does the right to a share of the estate end?TooLateForAName said:
matchmaker said:
The whole estate (less any debts) will pass to the aunt and any other remaining brothers or sisters.
So if the OPs partners parent (the one who was the sibling of the deceased uncle) has already died, does their right to a share of the estate pass on to their children - including the OPs partner - or does the right to a share of the estate end?". If a sibling has predeceased and leaves children surviving (nieces and nephews), they will take their parents share. "
"If only siblings survive, they take the whole estate. The rules provide for the descendants of the siblings to inherit the whole estate where parents and siblings do not survive the deceased. "
https://www.thegazette.co.uk/wills-and-probate/con...
TooLateForAName said:
matchmaker said:
The whole estate (less any debts) will pass to the aunt and any other remaining brothers or sisters.
So if the OPs partners parent (the one who was the sibling of the deceased uncle) has already died, does their right to a share of the estate pass on to their children - including the OPs partner - or does the right to a share of the estate end?https://www.sweetandmaxwell.co.uk/Catalogue/Produc...
Those who are chipping in based on a partial knowledge of English law may wish to bear in mind that the Scots law of property is quite markedly distinct from that of England and Wales, so snippets of info gleaned from experience south of the border are likely to be of no use, and may be misleading. There appears to be a Scots lawyer on the thread, so listen to him/her, and not to "this is what we did when my uncle in Leicester died".
Breadvan72 said:
Those who are chipping in based on a partial knowledge of English law may wish to bear in mind that the Scots law of property is quite markedly distinct from that of England and Wales, so snippets of info gleaned from experience south of the border are likely to be of no use, and may be misleading. There appears to be a Scots lawyer on the thread, so listen to him/her, and not to "this is what we did when my uncle in Leicester died".
If BV is referring to me, I am not a Scottish lawyer, but was a Sheriff Clerk for many years, and a major part of a Sheriff Clerks job is Commissary - which deals with the winding up of estates. As I said above, the laws of succession can get very complicated, so generally I advise punters to employ a lawyer. The exception is a "small estate" where the total assets of the deceased (heritable and moveable) do not exceed £36,000. In such cases the Sheriff Clerk will assist the family in the preparation of the inventory form for a small fee.The book I referred to "Currie on Confirmation" was written by one of my esteemed predecessors in 1884. It's surprising how much of the original text is still relevant today. Mind you, I can remember having a knotty problem involving the arrestment of an oil tanker. I eventually found the information I needed in a leather bound tome titled "Forms for Sheriffs and Sheriff-Clerks", written by Geo. Sellars, Sheriff Clerk of Lanarkshire in 1882!
Jasey_ said:
Before signing anything I would be asking the executor how she intends distributing the assets of the estate.
She won't have any choice other than to do so in accordance with the intestacy rules.AIUI from speaking to a friend the other side of Hadrian's Wall, intestacy Scotland can be rather more of a PITA than for Sassenachs.
As matchmaker said, the services of a solicitor will probably be needed, but that's for the Aunt to deal with not the OP's partner.
Red Devil said:
Jasey_ said:
Before signing anything I would be asking the executor how she intends distributing the assets of the estate.
She won't have any choice other than to do so in accordance with the intestacy rules.AIUI from speaking to a friend the other side of Hadrian's Wall, intestacy Scotland can be rather more of a PITA than for Sassenachs.
As matchmaker said, the services of a solicitor will probably be needed, but that's for the Aunt to deal with not the OP's partner.
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