When a loved one dies, the task of dealing with the estate can be an emotional and distressing prospect. It can be overwhelming trying to work out where to start and what to do, especially if this is the first time you have had to handle a death. If someone has died without a Will the situation can be even more complicated. You don’t have to go through this alone, we can help. Trust in us.
You are not legally required to use a solicitor to obtain Confirmation (sometimes referred to as probate) but you may find it worthwhile.
Scullion LAW has been serving clients, families and communities in Scotland from our bases in Glasgow and Hamilton for over 40 years. We are experienced in dealing with any size of estate from large multi-portfolio, high values estates which may have complex issues to deal with, as well as small, straightforward estates where few assets or property are involved.
If the deceased left a Will, the executor – who has the responsibility for gathering and distributing the deceased’s estate – will have been named in the Will. The appointment will need to be confirmed by the Sherriff Court and we can help with the application. If the nominee is unable or unwilling to take up the position, it will be necessary to appoint another person. More details about the role of an executor can be found further down the page.
If the deceased died without leaving a Will, (they die ‘intestate’), an executor, known as the ‘executor dative’, will need to be appointed by the Sherriff Court. This will require a writ being lodged in Court which we can arrange. There are certain automatic legal rights over the deceased’s “moveable” estate for the spouse and children which also needs to be acknowledged.
Dealing with an intestate estate can be a costly, emotional and time-consuming process. Without a will, the deceased cannot provide any specific wishes to who should inherit their estate. Family dynamics and non-traditional families are not considered when the state divides up the assets of the estate. For example, a spouse or civil partner will be automatically entitled to ‘Prior Rights’, however it should be noted that even if the deceased was separated from their partner, their ex-partner could still be entitled to certain rights on the estate.
If the deceased was in a cohabitating couple and dies intestate, their partner has no right to inherit their assets, regardless of how long they have been together. Assets will instead be divided between the legal next of kin, including children, siblings and parents. The division of assets can have a devastating effect on certain family members or friends of the deceased who believe they should be entitled to part of the assets. This in turn can spark family feuds and a host of problems for the executor should the potential beneficiaries put forward a claim against the estate.
An executor is appointed to deal with the finances, possessions and final wishes of someone who has passed away. The executor will carry out their duties in accordance with the deceased’s Will (if there is one) and in accordance with the law. The executor is granted legal authority to administer and distribute the deceased’s finances and possessions known as the ‘estate’ as well as handling the inheritance tax. Depending on the size of the estate, the process can end up being a very time-consuming and stressful task. An executor needs to be aware they can be held liable for any mistakes so it is crucial that, should you be appointed as an executor, you are aware of your role and responsibilities and are comfortable about carrying them out. We can guide you through every stage.
If you have been appointed as an executor, the role can seem overwhelming at what may already be a difficult time. This page is designed to answer some of the most common questions we encounter when working with people who have been appointed as an executor for the first time, and to put your mind at ease about the role.
Depending on the size of the estate, the process can end up being a very time-consuming and stressful task. An executor needs to be aware they can be held liable for any mistakes so it is crucial that, should you be appointed as an executor, you are aware of your role and responsibilities at the outset and are comfortable about carrying them out. We can guide you through every stage.
Click here for more details about being an executor.
We have carefully created a step by step guide on ‘What to do when a loved one dies’ which aims to help you through the process of Estate Administration and address some common questions and concerns around the legal formalities. Hopefully it gives you a clearer idea of what to expect during this sensitive and often confusing time. However, it is important to understand that every circumstance is different and each client is unique, so the process may vary slightly. That is why the service we offer clients is bespoke.
We are always on hand to guide and advise you, whatever your legal issue. Our fresh approach to legal services, our open and friendly service, and proven track record over forty years has helped us to earn our excellent reputation in the Glasgow and Hamilton area. We regularly serve clients in Glasgow, Hamilton, Bearsden, Bishopbriggs Milngavie, Bothwell, Strathaven, Thorntonhall and across the West of Scotland. Call us at our offices in Glasgow and Hamilton on 0141 374 2121 and we will be happy to call you back shortly.
730 Dumbarton Road
0141 374 2121