UK (Scotland) Estate Resolution Question
November 26, 2024 10:05 PM Subscribe
Last year my sibling and I inherited our parents' estate: a house, car + financial assets. We are both executors, the estate should be split 50:50, my sibling already lives in the house/ has the car, and has been dodging my questions about reaching a deal. The lawyers say they can't advise us as individuals because we're both their client, so where do I go from here? If my sibling won't come to the table, do I need my own lawyer, and if so, what kind? This is all in Scotland, but I'm in the US.
Essentially my sibling knows that if they don't do anything, they'll get the lion's share of the estate. I've been both driving and taking the higher road in trying to reach a resolution, but I'm realizing that they're just not motivated to act (and that they also seem fine that their inaction will result in me getting the thin end of the wedge). I've wanted to do everything possible to avoid this getting ugly, but I'm reaching the point where it's becoming clear that no amount of decency or effort is going to result in a remotely fair outcome. So who do I turn to - and if this means getting my own lawyer, then how do I go about choosing the right one for this type of situation/ what questions should I ask them (and also, would there be an advantage to getting one in the same location as my sibling and the existing lawyers, or could I look further afield)?
Essentially my sibling knows that if they don't do anything, they'll get the lion's share of the estate. I've been both driving and taking the higher road in trying to reach a resolution, but I'm realizing that they're just not motivated to act (and that they also seem fine that their inaction will result in me getting the thin end of the wedge). I've wanted to do everything possible to avoid this getting ugly, but I'm reaching the point where it's becoming clear that no amount of decency or effort is going to result in a remotely fair outcome. So who do I turn to - and if this means getting my own lawyer, then how do I go about choosing the right one for this type of situation/ what questions should I ask them (and also, would there be an advantage to getting one in the same location as my sibling and the existing lawyers, or could I look further afield)?
Unless you have existing personal or professional contacts in Scotland you may find it difficult to get a personal recommendation. So yes, use pipeski's link to find a solicitor in Scotland that is not in conflict due to their involvement with both of you and your brother.
You should make sure you have the will and any other relevant documents to hand when you start the process with somebody.
posted by koahiatamadl at 4:31 AM on November 27
You should make sure you have the will and any other relevant documents to hand when you start the process with somebody.
posted by koahiatamadl at 4:31 AM on November 27
The link you’ve been given is a useful one as a starting point. The area of law you need is “Wills, executries and trusts”, but the firm will also need experience in housing law. Also called “private client” by some firms.
As for location, it depends on where this is happening: if it’s in the central belt of Scotland, then you want someone in Glasgow or Edinburgh.
But if it’s somewhere outside the central belt, then you may better off with someone local to the property- eg if this is all happening in or near Inverness, get someone with an office in Inverness - the Glasgow/Edinburgh lawyers won’t be so well connected there.
If you get a shortlist of contenders, I’d be happy to look at them over message (and can explain my credentials there)
posted by JJZByBffqU at 5:35 AM on November 27 [1 favorite]
As for location, it depends on where this is happening: if it’s in the central belt of Scotland, then you want someone in Glasgow or Edinburgh.
But if it’s somewhere outside the central belt, then you may better off with someone local to the property- eg if this is all happening in or near Inverness, get someone with an office in Inverness - the Glasgow/Edinburgh lawyers won’t be so well connected there.
If you get a shortlist of contenders, I’d be happy to look at them over message (and can explain my credentials there)
posted by JJZByBffqU at 5:35 AM on November 27 [1 favorite]
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posted by pipeski at 4:08 AM on November 27 [1 favorite]