My father, a Scottish resident, passed away on April 24. As his child from his previous marriage, I was not made aware of either his illness or his death until four months later in a brief letter from the executor of his estate.  The hand written letter that I received from my Father's executor was minimal containing no details of when and where my Father's funeral took place, no details as to whether I was in a will or not and no advice of any legal right claim where I was not.  I knew nothing about what should happen in these situations by law and it was only after a friend raised a flag regarding legal obligations that I looked at the process. 

The disregard for basic family principles in terms of my Father's passing disturbed me profoundly and subsequently raised serious questions about both the delay in notifying and the integrity of the letter received.  The Executor knew my full contact details.

In situations like these while, Scots law mandates that legal rights exist it does not mandate that there is a legal right to see a copy of your parents will. This is at the discretion of the Executor unless Confirmation to act as an Executor has been sought from a Sheriff Court after which the will becomes a public document. There is also no set format for supplying an estate summary value or no check that this is factually correct or accurate.  There is also no check confirming that all legal claimants have been identified and formally contacted in writing.

Due to both the greyness and process gaps within Scots Law it is very easy for potential beneficiaries to be intentionally overlooked and left in the dark about their potential inheritance, to prevent claims they might be legally entitled to.  There is no balance and check that what should happen has or accountability in cases where due process has not been followed. Trusting the word of an Executor in cases like these is insufficient.

Scottish law currently does not mandate that Executors must apply for Confirmation from a Sheriff Court when legal rights claims are likely to exist.  This means that no will is supplied In fact, if no  There is also no obligation for all potential claimants to be notified within a specific timeframe or any recourse in terms of accountability if they are never notified. There is also no legal requirement for a legal right claimant to be provided with sight of a deceased's will as evidence that any legal right claimant is not actually a beneficiary of the will.  These huge gaps in Scottish law leaves legal claimants, who may well be unknown will beneficiaries, in a vulnerable position, open to exploitation.

According to Scottish law statistics, there are an estimated 55,000 deaths in Scotland each year, and with 62% of Scots having a Will, in potentially more than 30,000 cases per year legal rights claims could exist with unknown potential beneficiaries completely unaware.

It's time to change this. We call upon the Scottish Parliament to update Scottish inheritance law, making it a mandatory obligation for an Executor to submit a Will and apply for Confirmation from a Scottish Court where potential legal rights claims exist. Additionally, it should be mandatory for all potential legal rights claimants to be notified within 14 days of this application being made.

This change in the law will protect individuals, like myself, from being excluded from proceedings they have every right to be part of. Let's make it a point to create more transparency, equity, and fairness in our legal system. Please, support this petition and help ensure everyone gets their deserved share of an inheritance. Sign this petition today!