Scottish inheritance law when a new will turns up

[Island mamma]

Anybody know what should happen when approx 15 years after somebody dies and their estate is settled ( mainly their house), a member of the family suddenly produces a will that suggests that the house should have gone to somebody else? Can the original estate be reopened after all that time?

[ChrisS]

Hi IM, perhaps it would be best if you speak to your version of the Citizen Advice Bureau and ask if your first solicitor interview could be with one au fait with Scottish wills/probate.

[Island mamma]

Originally Posted by ChrisS

Hi IM, perhaps it would be best if you speak to your version of the Citizen Advice Bureau and ask if your first solicitor interview could be with one au fait with Scottish wills/probate.

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I'll suggest that. It's a friend's situation, not my own

[DisneyDreamer81]

The general rule is that a beneficiary has 12 years from the date of death to make a claim against an Estate. I would imagine therefore that they're out of time. But definitely advise your friend to get some proper advice on it!

[Glasgow trip]

Originally Posted by DisneyDreamer81

The general rule is that a beneficiary has 12 years from the date of death to make a claim against an Estate. I would imagine therefore that they're out of time. But definitely advise your friend to get some proper advice on it!

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As far as I am aware, this is not correct, and legal rights to an estate in Scotland are extinguished only after 20 years of becoming enforceable if not claimed sooner (source: I am a Scottish solicitor, although do not deal with wills). This is a situation where legal advice would really be essential.

[EssexSue]

Wow this is a really interesting thread. I could imagine a 9 o'clock drama about this.

[ChrisS]

Originally Posted by EssexSue

Wow this is a really interesting thread. I could imagine a 9 o'clock drama about this.

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Interesting indeed Sue - where has the claimant been for the last 15 years, seems a long time to be unaware, especially if they're a family member.

Island Mamma, update us intrigued lot if you can

[Island mamma]

Unfortunately the claimant has been on the scene the whole time. Apparently had a parent sign a new will without the knowledge of the family and has been waiting for the other parent to die to drop this bombshell. Never said a work when the first parent died.

[Glasgow trip]

That might change the legal position - I would get advice from a local solicitor with experience in wills. Sounds like a very difficult situation- sorry to hear it, and I hope it gets sorted out.

[Island mamma]

Originally Posted by Glasgow trip

That might change the legal position - I would get advice from a local solicitor with experience in wills. Sounds like a very difficult situation- sorry to hear it, and I hope it gets sorted out.

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The family are looking at the legal situation because the parent concerned had dementia so issues of capacity and possibly coersion, but unfortunately all the medical records have since been destroyed and the original family solicitor has also died. Really horrible situation.