Administering an estate solicitors
When a person dies, someone has to deal with their affairs. This is called ‘administering the estate’ or ‘executry administration’.
Overview
Executry administration & winding up an estate in Scotland
Our experienced and approachable team can take care of all matters arising from the death of a family member or friend in a sympathetic, speedy and efficient manner. Dealing with a family bereavement can be an extremely traumatic experience and it can be difficult to cope with the administrative task of winding up an estate at such an emotional time.
We can make the process as simple and straightforward as possible, helping to ease the burden on family members and friends.
The estate administration process
When a person dies, someone has to deal with their affairs. This is called ‘administering the estate’ or ‘executry administration’.
We can act as the estate administrator on behalf of the deceased and their Executor.
Responsibilities include:
- Arranging for an independent valuation of the assets
- Dealing with assets outwith the United Kingdom
- Fulfilling the wishes expressed in the Will including contacting the named beneficiaries
- Liaising with HM Revenue & Customs regarding any Income Tax, Capital Gains Tax and Inheritance Tax
- Obtaining Confirmation (the Scottish near-equivalent of Probate)
- Transferring assets to the beneficiaries
- Arranging for the payment of any debts (including mortgages)
- Dealing with any claims on the estate
- Gathering & protecting the assets of the estate
- Preparing deeds of variation
- Settling the estate
- Setting up and administering trusts
Key contacts
THE TEAM
FAQS
Common questions about winding up an estate
Who is responsible for the Executry Administration?
What is Executry Administration?
What happens during an Executry administration?
What is Confirmation?
Can the Executor obtain help with the administration?
How long does it take to administer the estate?
How much does it cost?
Who benefits from the deceased’s estate?
Who is responsible for the Executry Administration?
Answer
The people responsible for overseeing the Executry Administration are called the Executors. An Executor can be nominated through a Will or, in the absence of a Will, by the Court
What is Executry Administration?
Answer
When a person dies their estate (which includes the person’s property, money and possessions) must be ingathered and distributed. This is called ‘administering the estate’ or Executry Administration.
What happens during an Executry administration?
Answer
The first stage is to gather precise details of the deceased’s assets and liabilities. The next step is to prepare an inventory of the assets and liabilities, which inventory is then submitted to the Court in order to obtain Confirmation. Thereafter, the Executor must settle any outstanding liabilities before distributing the deceased’s estate in terms of their Will, or if there isn’t one, in terms of the laws of intestacy.
What is Confirmation?
Answer
Confirmation is a legal document issued by the Sheriff Court, also commonly known as probate. It gives the Executor authority to uplift money and other property belonging to a deceased person from the holder (i.e. a bank) and to administer and distribute it.
Can the Executor obtain help with the administration?
Answer
Yes, if the Executor does not want to carry out their duties personally they can instruct a solicitor to act on their behalf. This is often advisable, particularly in more complex estates.
How long does it take to administer the estate?
Answer
The time taken to administer the estate varies and depends on the type and nature of the estate. The general rule is that an estate should not be wound up in the first six months following the death. However, more complex estates can take longer to deal with.
How much does it cost?
Answer
The cost of administering an estate again varies depending on the size and nature of the estate. To ensure that a fair and reasonable fee is charged we arrange for our files to be independently assessed by a Law Accountant.
Who benefits from the deceased’s estate?
Answer
If the deceased died leaving a Will (testate) they will have nominated who they would like to benefit from their estate. If the deceased died without leaving a Will (intestate), however, their estate will be distributed in terms of the laws of intestacy.
“Pamela Niven has expertise in a variety of private client matters, including tax and estate planning, trust administration, wills and powers of attorney. A source says she is ‘an expert private client practitioner with a real attention to client care,’ while another source says she is ‘a very warm and approachable solicitor with a depth of knowledge.'”
“I would like to thank you for everything that your service provided during such a difficult time in my life and will be recommending your services to others.”
“Really pleased with service and would recommend Harper Macleod to others.”
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