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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

FAQS

Common questions about winding up an 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.

Testimonials

“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.'”

– Chambers High Net Worth 2021, Company

“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.”

– HM CLIENT

“Really pleased with service and would recommend Harper Macleod to others.”

– HM CLIENT

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CONTACT US

Get in touch

Call us for free on 0330 159 5555 or complete our online form below to submit your enquiry or arrange a call back.

Speak to us today on 0330 159 5555

Get in touch

CONTACT US

Get in touch

Call us for free on 0330 159 5555 or complete our online form below to submit your enquiry or arrange a call back.