![AS_Wills_and_Succession_Planning_1900x544[1]](https://www.andersonstrathern.co.uk/wp-content/uploads/2023/09/AS_Wills_and_Succession_Planning_1900x5441.jpg)
Dealing with an estate is a necessary process and often close family members don’t feel ready to move on until this process is complete. We believe it is important to help with this as much as possible, by guiding you through what needs done, by whom and when. We aim to make the process as smooth as possible for you.
Administering an estate and executing a Will is a necessary process and often close family members don’t feel ready to move on until everything has been completed. At Anderson Strathern, our estate administration solicitors believe it is important to help with this as much as possible, by guiding you through what needs to be done, by whom and when. Our aim is to make the process as smooth as possible for you.
In Scotland, executors are usually nominated in the Will or appointed by the court if there’s no Will. That person is then responsible for ensuring that the estate is wound up correctly following the directions in the Will, or legal rules where there is not one.
Acting on a privately funded basis, our specialist team will act as a helping hand through the process of acting as an executor, guiding you through what needs to be done, and assisting with any obstacles you may encounter. This may include dealing with any challenges or claims on the estate, or how to begin winding up an estate where there is no Will, which is called intestacy.
If you’ve been appointed as executor, you’ll need a combination of legal knowledge and administrative time. With this in mind, you’ll need to be well organised and keep good accounting records. Our estate administration experts in Scotland can help you with this by handling as much of this administrative burden as you want us to do.
We provide estate administration support and advice on a privately funded basis. To find out more about how we charge for our estate administration services, please get in touch.
To discuss the process of executing a Will and administering an estate with a member of our expert team, please get in touch today.
Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian or Shetland, or fill in our enquiry form at the bottom of the page to request a call back.
In Scotland, an executor’s authority to deal with an estate comes from the Confirmation (probate) which is granted by the sheriff court. Confirmation is a legal document that provides an executor with the authority to administer and distribute any money, property and assets belonging to the deceased. Once Confirmation is granted, the executor can then pass over the estate to the correct people.
To obtain Confirmation, the paperwork needs to be presented to the court in a very specific way, or it will not be considered. HM Revenue and Customs have an interest in what is happening, inheritance tax may need to be paid and they too have forms to be completed.
For example, there are two types of Confirmation for ‘small estates’ and ‘large estates’. A small estate is where the value of the deceased’s money and property is less than £36,000 and a large estate is where the total value exceeds this. There are separate forms, fees and procedures associated with each type of Confirmation, so it’s important to be aware of how they differ from one another.
Our experts are here to help you ensure you complete the process of obtaining a Confirmation and acting as an executor of a Will in the best possible way. We’ve been assisting families through the executry process for many years, some across multiple generations. We also work with people who have never experienced the process before in a compassionate way.
Whatever is required of you as an executor of an estate, we’re here to help.
Before you’re able to administer the estate, you’ll have to ensure that the estate and relevant possessions have been correctly valued, any debts due on the estate are paid off and taxes are dealt with.
For example, it may be the case that there is an inheritance tax bill which needs to be paid, or there are debts relating to credit agreements or a mortgage. Where this applies, it is the responsibility of the executor to handle them.
Our experts can advise you on your role as an executor, detailing exactly what needs to be addressed before you can administer the estate. This ensures that every detail is accurately addressed.
It may be the case that a bank, building society or insurance company will request a Confirmation before you are able to carry out your duties as an executor of a Will. This can be an especially daunting prospect, particularly if you have never administered an estate before or you are unfamiliar with the general process.
Our estate administration solicitors can work alongside you to guide you through the process of applying for a Confirmation and make an application to court on your behalf. This ensures that you will have the necessary authority to carry out your role as an executor.
This will also include supporting you in collating a list of the deceased’s property at the time of their death, known as an inventory. This will likely include a comprehensive overview of their money, houses, land and shares.
Once you are ready to carry out your role as an executor, our solicitors will be by your side to guide you through your responsibilities.
Where there is a Will, this process is made more straightforward, as you will be able to carry out your role by following its contents. Even still, it’s important that you have an expert solicitor by your side, who can advise you on the general process for distributing assets and can be ready to step in if any issues do arise.
Where there is no valid Will, the rules concerning the process of distributing the estate are much more complicated. These are the rules of succession. Our team can guide you through how the rules of succession may apply in your situation and ensure you continue to fulfil your duties as an executor.
Unfortunately, disputes can occasionally occur while you are executing a Will. This may be because a beneficiary believes that you have failed to carry out your role as an executor effectively, the process is taking too long, or they have not received what they are entitled to under the terms of the Will.
Where this is the case, our team can step in to help find a suitable resolution, using methods of Alternative Dispute Resolution (ADR) where possible, to keep conflict to a minimum.
Our estate administration and executor solicitors in Scotland have a wealth of combined experience and expertise when it comes to these matters, having supported clients from all walks of life.
Our expert team have various professional memberships, demonstrating their expertise. This includes the Society of Trust and Estate Practitioners (STEP), STEP Advanced Certificate in Family Business Advising.
We also have substantial expertise in tax matters, with members of our team being Chartered Tax Advisers, Law Society of Scotland accredited specialists in tax and trusts law and members of the Law Society of Scotland’s tax committee.
Our expertise with succession matters also extends to making Wills, powers of attorney, succession planning and Will disputes. To find out more about our wider Wills services, please click here.
To discuss the process of executing a Will and administering an estate with a member of our expert team, please get in touch today.
Contact us on 0131 270 7700, visit our offices in Edinburgh, Glasgow, East Lothian or Shetland, or fill in our enquiry form at the bottom of the page to request a call back.
"The AS team were a joy to work with, taking time to explain, doing it with a sense of humour but being utterly thorough throughout. It is very important to be comfortable with who you are working with, from transfer of information to belief that the advice was accurate and correct for our needs."
Select areas of interest to receive latest news and insights updates from Anderson Strathern
Sign up now