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Question about Scottish Will's....please help.
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Gail | Report | 15 Apr 2006 23:13 |
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Would it be possible to get a copy of a Will for someone's father who died in Scotland, and if so how? My brother in law was estranged from his father, and only found out by chance his father had passed away in 2004, as his stepmother did not inform him of this till nearly a year later?? |
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An Olde Crone | Report | 15 Apr 2006 23:44 |
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Gail Yes - a Will is a Public Document and ANYONE (relative or not) is entitled to see it. But, I am sorry I know nothing about where Scottish Wills are kept - hopefully someone else does! Olde Crone |
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Val | Report | 15 Apr 2006 23:50 |
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Phone a scottish lawyer and ask how you find out about where the will would be they will give you advice |
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CATHKIN | Report | 15 Apr 2006 23:53 |
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I think if you look on scotlandspeople website you`ll get the address. I wrote for my hubby`s father`s but they said there wasn`t one-hard to believe as he had a good job etc, Ros |
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Gail | Report | 16 Apr 2006 17:48 |
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Cheers for that Old Crone, Val and Ros, I will give your tips a whirl! Gail. |
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Caroline | Report | 20 Apr 2006 18:08 |
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Gail It may never be possible to see the Will even if there was one written. You would probably only be able to see it if it was either registered after signing at the Registers of Scotland/Books of Council & Session in Edinburgh (this is not particularly common) or if the Executor requires to get 'Confirmation' of the Estate (even though there is a Will) from the appropriate Sheriff Court (although this is not mandatory in Scotland). If Confirmation has been issued the records for about the last 10 years (I think) are held at the Commissary Office at Edinburgh Sheriff Court and before that (I think) at the National Archives of Scotland in Edinburgh. Confirmation is usually only required if a financial institution will not pay out monies that they hold to the Executor without seeing the Confirmation/Inventory document or if the Deceased had stocks & shares which require to be transferred or the Deceased had heritable property which requires to be transferred (although many title deeds have survivorship clauses & therefor the transfer takes place without confirmation). Many people do not make Wills even nowadays. Hope this helps Caroline |
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