After the passing of a loved one, their estate will fall to the executor for distribution. In Scotland, an executor must be appointed before decisions can be taken regarding the winding up and possible distribution of the estate.
Identifying whether your loved one left a Will is an important first step in the executry process. A Will commonly appoints a spouse or family member as an executor of the estate. Where the appointed executor is not a solicitor, it is advisable to seek legal advice to ensure appropriate administration of the estate. At Miller Samuel Hill Brown we have a highly experienced team who concentrate primarily on estate administration. Our executry solicitors will support and guide the executor in their duties and offer advice on best practice and the important legal formalities involved in the estate administration.
In circumstances where a loved one has passed away without formalising a Will, an application to the court must be made to appoint an executor. Our executry lawyers will prepare this application on your behalf and work closely with the spouse or family member who wishes to be appointed as executor through this process. Once an executor is identified or appointed, we will assist with preparing an inventory of your loved one’s assets to identify all property, bank accounts, shares, etc. Thereafter, we will apply for Confirmation (Probate) from the court to entrust the executor with the legal authority to ingather the estate.
Once the estate is ingathered, the distributing of assets can begin either in accordance with the terms of the Will or the intestacy laws of succession in Scotland (where no Will was left). Our executry lawyers can assist in the process of apportionment and advise on the legal duties incumbent on the executor, including payment of outstanding debts in connection with the estate, funeral costs, payment of any tax including Inheritance Tax, and payment of legacies and gifts.
