iStockA grieving foster dad has won a legal battle over the estate of the daughter he raised after Scottish law initially determined it would go to her “abusive” parents.
The case, handled by Scullion Law, has shown that Scotland’s intestacy rules can place legal authority in the hands of biological relatives rather than those who raised them.
The woman, who died at 24, had been removed from her birth parents at a young age due to their alcohol dependency and convictions for sexual abuse.
She was raised by a foster father but died without leaving a will.
Under Scottish law, this meant her birth parents were automatically first in line to deal with and administer her estate.
Despite their absence from her life, the foster father who had raised her had no automatic legal right to act.
Among his foster daughter’s belongings, he had discovered a letter she had written before her death.
In the letter, she was said to have set out what she wanted to happen to her possessions and who she trusted to deal with her estate.
Although the letter was not a formally executed will, lawyers at Scullion Law argued it provided strong evidence of her wishes and intentions.
Lawyers presented the letter to the Court and argued that the foster father should be appointed executor in line with the young woman’s expressed wishes.
The Court agreed and appointed him as executor, giving him the legal authority to administer the estate.
Ailidh Ballantyne, head of estates and future planning at Scullion Law, said: “This was an incredibly difficult situation for our client, who was not only dealing with the devastating loss of his foster daughter but also the uncertainty of how her estate would be handled under the law.
“The letter she left behind clearly set out what she wanted to happen to her possessions and who she trusted to deal with them. We were pleased that the Court recognised the importance of that and agreed to appoint our client as executor.”
Under Scottish law, strict rules determine who has the right to deal with and inherit from an estate when someone dies intestate.
These rules do not always reflect modern family relationships, including situations where children are raised by foster parents, step-parents or other guardians.
Ailidh added: “Many people assume that making a will is something you only think about later in life.
“Unfortunately, when someone dies without one, the law decides who has authority over their estate and who inherits.
“That can create outcomes that do not reflect the relationships that mattered most to them.”
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