The death of a loved one in any circumstances can be a difficult and stressful time. The legal procedures which are required after somebody dies can vary greatly depending on the individual’s circumstances including such things as whether or not he or she left a Will and the level of estate left. Before starting to deal with the winding up of an estate it is a good idea to take legal advice.
The prospect of winding up an estate without the benefit of legal advice can be a daunting one for an executor. In the absence of a Will it will usually be necessary to have an Executor appointed by the Sheriff Court. Whether appointed Executor in terms of a Will or by the Sheriff Court there are a number of duties incumbent on an Executor. These duties can include completing a full Inventory of the deceased’s estate, contacting beneficiaries as well as fundholders and creditors, dealing with H.M. Revenue and Customs in relation to any tax aspects of the estate, paying any Inheritance Tax due and applying for Confirmation to the estate the grant of which will allow the Executor to deal with the various assets and to pay any debts or liabilities. Before finally distributing the estate – either in terms of the Will or, if there is no Will, in terms of the rules laid down by law – the Executor must be sure that all debts and any claims against the estate have been paid. The Executor may find himself personally liable for any breach of his duties.
By letting us guide you through any practicalities and paperwork that may be necessary, you will have peace of mind that the estate is being properly dealt with on your behalf and leave you free to deal with other matters that may require your attention or simply give you the time you need to grieve. We will advise you on and guide you through the legal processes involved in a sympathetic manner, at a time and pace to suit you and taking into account the work required in winding up the estate.
You are assured of a professional service combined with a friendly understanding of your situation. If you would like to discuss the winding up of an estate please use the contact us form.
You may also find further information on executries from the Scottish Government.