Have One of These Surnames? You Could Inherit a Scottish Castle!

There are a lot of legal aspects to consider when a loved one (testator) dies. But what exactly happens to assets and property when the testator fails to leave a will behind? Or to publicly name the next of kin who has the right to receive everything? Well, it can mean that you inherit a Scottish castle. Yes, it’s ready for claiming by an unsuspecting descendent, as well as that descendent potentially having the legal right to a host of other assets, too.

The Government has a long list of assets in Scotland no one yet claims. It not only includes significant property but monetary assets to the value of £370,000 for what the property is worth, too. Any individual with the right surname may be able to claim on this valuable opportunity.

What You Need to Know About the Estates

There are a total of 425 empty Scottish estates simply waiting for claiming. The Government’s list of these empty estates lack rightful claims due to:

  • the fact that their previous owners left no will, or;
  • while failing to identify the next of kin eligible for the estate.

Under the legal system in Scotland, if an individual dies without leaving behind a clear will dictating how they want their property and assets to go out to benefactors, the assets refer to the care of the Crown. It is the duty of The Office of Queen’s and Lord Treasurer’s Remembrancer to then care for these assets.

Claiming Unwanted Estates

The good news is that the Succession Act of March 2016 has actually made the process of claiming these estates significantly easier. The Scottish Parliament eliminating the necessity to gain the form of insurance known as a Bond of Caution helps this.

Claiming these estates begins with learning whether you have the same surname as the testator/previous owner.

Checking Your Surname

While certain surnames are distinctly common, it is always worth checking. The list includes straightforward surnames, as well as obscure ones like Carlin, Hunniball, Malone-Philbane and Raube. The full list is available here.

If you successfully prove that your right to claim, a variety of assets will be available, including land, money, mansions and castles. Due to the fact that the testator leaves no will, you can claim their belongings, possessions and assets. Along with these empty Scottish estates, it’s also possible that there are more than 8,000 open estates in England and Wales, too.

Think that you deserve property or assets from a family member, however distant? Suspect they didn’t leave behind a will? Require any other legal advice? Don’t hesitate to contact our professional team at The Inheritance Experts today.

Contesting a will of a stepparent: the basics

Contesting a will of a stepparent, in short, is a tricky matter in relation to inheritance disputes. Intestacy rules try to evolve to keep up with the parent and the step-child of the family.

It’s not uncommon nowadays for many families and children to have stepparents, and live with them, for a variety of reasons. Especially if you are a step-child who is:

  • very close to their stepparent and;
  • considers them as good as your biological parent for the entirety of your life

The fact is, it can be very upsetting to learn that they may have left you out of their will. Or, if they don’t give you what you feel they owe you as stepchildren.

However, as a step-child, it may be an area of uncertainty whether you have the right to contest the will of a step-parent. In fact, atypical family setups featuring non-blood relatives alone add difficulty to traditional estates.

That’s why, at The Inheritance Experts, we commit to helping you in these circumstances. Moreover, we’re here to advise the steps to take for contesting a stepparent’s will.

Circumstances around the drawing up of the will

Firstly, a will needs to have been made by an individual who has a sound mental capacity to do so. Therefore, your first step may be to evaluate your stepparent’s mental state during the time they wrote the will. Moreover, you must deduce whether they were of sound mind to do so.

Indeed, it can be very difficult to prove mental incapacity regarding the formulation of wills. But it’s a good starting point if you do believe your step-parent didn’t have the requisite mental capacity to distribute their assets accordingly.

This also applies if you suspect that the stepparent, despite being sound mind, faces undue influence from someone as they write the will. Bear in mind that much of the legislation revolves around a claim under the inheritance provision of the Family and Dependents Act 1975.

Your Legal Rights for Contesting a Will of a Stepparent

Financial provision in stepfamilies is an increasingly common scenario in the nuclear post-War era. To be sure, your legal rights aren’t as profound as those of biological children: blood relatives or direct children, as it were.

But you can contest the will of a step-parent if any of the following applies to you.

  • Your step-parent made a firm promise to you that you would receive a certain asset in their will. However, this agreement isn’t made clear in their Last Will and Testament.
  • In addition, if you depend financially on your step-parent. Perhaps you continue living with them after your biological mother or father dies/moves on. Or they were the sole financial providers – but these financial expectations get no coverage in the will.

What matters is the ability to establish your position. Moreover, that you prove that you were financially dependant on the step-parent in question. Therefore, by extension, they deserve a fair inheritance.

To fully understand whether your circumstances merit the need for a contesting of the will, seek sound legal advice. There are many factors worth consideration by a legal representative. Plus, there are some other considerations regarding the court, should the will contest go forth.

Seek Legal Advice for Contesting a Will of a Stepparent

  • How close you were to the testator;
  • The extent to which your stepparent supports you, and;
  • Also, your age when the stepparent joins the family.

If you are unsure whether your circumstances apply, then don’t hesitate to contact us.

How Long Does it Take For a Will Contest to be Resolved?

The grievance process is difficult enough, but it can be made significantly longer if a will dispute is needed. Many loved ones may be hurt and angry if they feel as though they have not been adequately covered in a final testament, which then leads to a will being contested. Which begs a common question: How Long does it take for a will contest to be resolved?

Our solicitors at The Inheritance Experts are experts in the area of will contesting: contact us for legal advice if you believe a will should be contested, whether it is on behalf of yourself or someone else.

What it Means to Contest a Will

Contesting a will means that a party close to the deceased feels as though they disagree with how the assets have been shared out within a will, such as not feeling as though they have received what they are fairly owed, or due to negligent behaviour.

Grounds to contest a will include:

  • Fraudulent wills
  • Forged wills
  • A lack of knowledge
  • Testamentary capacity
  • Lack of valid execution

In order to contest a will, the individual needs to have the legal right to do so. That means that contesting can only be made by the following:

  • A spouse
  • Direct family members
  • Beneficiaries
  • An individual who relied on the deceased for financial reasons
  • A creditor to whom the testator was in debt to
  • An individual promised an asset by the testator, but did not receive it in the will

How Long You Can Expect the Process to Take

Contesting a will relies on time, both with a time limit to submit your case, and then the time frame you can expect to wait following the opening of the case.

How Long Does it Take For a Will Contest to be Resolved? The Time Limit

You have until the executor starts distributing the testator’s assets in accordance with their Final Will and Testament, after the grant of probate. Sometimes, it’s possible to submit a claim after the commencement of distribution. Therefore, it’s advisable to do it beforehand to make for an easier process.

As with anything, as soon as possible is always beneficial, and the earlier you begin, the more likely it will be that you succeed.

The only time that experts don’t advise an exact time limit is with a case of fraud, wherein you would have as long as is necessary.

The Expected Time Frame after Commencing the Case

In short, don’t expect the process to be a quick one.

Firstly, the best way to resolve the dispute is via the means of mediation, which can be a long process. There is always the risk that mediation may not be successful. In turn, the contesting of a will then require court proceedings.

From then on, there is no designated time frame regarding how long the court may take to make a decision: it may take a few months, but it could take anything up to a few years. It also depends on the complications the case presents: do bear in mind that every case is unique.

Therefore you should expect the overall process to take a couple of years, and anything less will be an advantage.

Can an Executor be Removed From a Will?

If an executor is removed from a will, certain grounds are clearly not being met. But first, a quick summary of what an executor to a will is. Because being a professional executor is not easy in the first place.

The Official Law

Regarding an inheritance dispute, the executor administrates business pertain to the testator’s will. But say the executor doesn’t meet the duties inherent with the job.

Accordingly, Section 116 of the Senior Courts Act 1981 states that

the court has the power to remove a personal representative, or executor before the Grant of Probate.

An executor of a will is a person who carries out the instructions the testator provides. They’re also responsible for trying for maximum gain when it comes to sharing out assets.

  • Such as selling property at the right time to receive the highest return.
  • Or being responsible for the handling of the correct amount of taxes.

That said, any witness statements or ensuing legal costs that come with the administration of the will often fall to the executor of the will as well.

You can assign more than one person to be an executor, in short. However, many people find that assigning just one person is the most constructive way to operate.

Who is Eligible to be an Executor?

It is up to the testator (deceased person) to decide who they wish to be an executor. Additionally, they can choose anyone they like, as long as that individual is 18 years of age or over. Common choices include spouses or children, which means executors can also be included in the will, too.

On the practical side, the executors appointed may be legal representatives and individuals with sufficient experience instead.

An executor must be a trustworthy person, one who is able to follow the testator’s instructions.

What Happens if You Don’t Have an Executor?

A situation might arise where parties cannot elect or find a capable executor to administer the estate. In such cases, there is a government official who is able to step in should you be in need as a last resort.

Can a Chosen Executor be Removed from a Will?

Dismissing the executor of a will is the responsibility of the testator during the course of their life. However, following the testator’s death, removing the chosen executor becomes more difficult.

But the application to remove an executor (by way of application to the court) is not unheard of, either. In short, a court can remove the executor from a will if one of the following things occur.

  • First, if it can be proven the executor is incapable of performing the duties of the executor role.
  • Second, if they are unsuitable for the position.
  • Third, if since the death of the testator they are now ineligible to serve as an executor.
  • Fourth, if they are acting unreasonably and not in the testator’s best interests (‘best interest’ is a determination of the court).

Also, if there exists a severe conflict of interest.

Finally, if there are any legal ineligibility criteria. For instance, mental conditions which prevent the executor from acting as the role demands.

How is an Executor Removed From a Will?

The removal of an executor can only take place through court proceedings. Accordingly, the High Court will decide on the manner of removal using the details and reasons listed above. Moreover, they’ll attempt to address the future administration of the estate.

To begin these proceedings following the death of the testator, the relevant party must file for a court proceeding. This individual needs to have a share of the will to have the ability to file to remove an executor.

Once court proceedings start, the legal representatives for the executor and the individual filing for removal will show why they either believe they must remain or leave as the executor. The reason for removal requires establishing.

If you are concerned that the executor of an estate is not acting correctly, contact us for advice. We work with leading solicitors who specialise in handling executor disputes to resolve issues swiftly and fairly.

At The Inheritance Experts, we can offer support and advice to appoint or remove an executor. Contact us today should you wish to discuss.

Not in Sound Mind: What Does this Mean for Wills?

Even when the circumstances surrounding a will are as legally-compliant and straight-forward as possible, it’s still a very distressing and difficult time. Therefore, when the idea of an individual not being of sound mind is taken into account, this can make it significantly more difficult to handle. It’s consequently important to know what to do in the circumstances of an individual being unable to formulate their own will, and The Inheritance Experts are on hand to guide you every step of the way.

What Does It Mean to be ‘Not of Sound Mind’?

To be of a sound mind, a person needs to have full comprehension of their self and their situation. In providing a will, a person needs to fully understand their affairs, loved ones and possessions. In turn, they must be able to formulate a will with a complete understanding of how they’ll distribute their assets. To be of sound mind, you also need to be able to make rational decisions and judgements.

This is different from being in a state of emotional capacity. Formulating a will in the first place is never easy. But being emotional or sensitive regarding the distribution doesn’t mean you’re incapable of making a logical choice.

What Needs to Be Done in this Case?

When an individual is not of sound mind, they’re incapable of making a rational decision in regards to:

  • possessions;
  • finances, and/or;
  • general affairs.

In turn, you should appoint a representative to make the decision on their behalf. This representative can distribute their assets accordingly and make the decision for them.

Electing an individual to this responsibility can either be a family member or friend, or a legal representative. Appointing the latter is most common due to the need for neutrality and a more analytical mindset.

Contesting a Will if you Think an Individual is Not of Sound Mind

It is possible to dispute a will if you are an external party who believes that the individual in question was non-compos mentis when they wrote their will. However, it can become very difficult to define being of a rational mind.

It’s different to making a decision which seems unexpected or nonsensical to a loved one or familiar individual. The writer of a will can make a rational and personal decision whilst also being of sound mind, even if that decision isn’t preferable to parties involved. This may be more in relation to an eccentric personality rather than a lack of rationality.

One must provide solid proof to attest that a person was not of sound mind when formulating their will. Of course, this then leads to difficulties in handling such a sensitive matter, which is why we encourage you to seek expert legal advice.

If you are unsure whether an individual is of unsound mind and require legal assistance, then don’t hesitate to contact The Inheritance Experts today.

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