Finding out the details of a will

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xtreme
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Finding out the details of a will

Post by xtreme » Tue Mar 13, 2012 10:27 pm

If I wanted to find out the details of a will is this possible in Scotland?

I know the sons name and should be able to get dob of the son, so presumably there must be birth records available to show who the father was....? Then find out when the father died and if he had a will/estate? Is this possible?

Googling hasn't made it any clearer how to go forward from here so hoping the knowledge of se will help!

Is there any companies that can do the digging?

Thanks

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robin
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Re: Finding out the details of a will

Post by robin » Wed Mar 14, 2012 12:31 am

Hopefully one of our legal friends will pipe up, but in case they don't, this might help:

The estate will have to have gone through confirmation (if I remember correctly) which will have happened at a court in the place where the person died (or lived - hopefully they lived & died in more or less the same place!). If the estate is small this is a formality I believe and actually may not happen at all if there was no need for it. Confirmation is generally required to persuade a bank or similar to transfer funds from the deceased to the beneficiaries. So chances are if they died with a bank account and any assets of note then the estate will have to have gone through confirmation and so there will be a record at the sheriff's court.

Whether or not the will itself is then public I don't know, but that's where the will and associated stuff will have to have been shown and no doubt copied. I also believe it should be possible to trace the executor of the will this way, but that doesn't mean the court has to tell you - just that the information is there.

If they died intestate, that fact will be recorded in the same place, I believe.

So, first find out where/when they died, then approach the relevant court and ask them for assistance. If it's possible, they'll tell you and will also tell you what you need if it's not just a fee/form.

If there might be a reason to contest a will you really do need a solicitor I think.

Cheers,
Robin
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xtreme
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Finding out the details of a will

Post by xtreme » Wed Mar 14, 2012 8:13 pm

All sorted, found someone who digs family history etc and he has managed to find all the info required! Only took just over an hour! Thanks Robin!

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