What to do when a loved one dies.

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 as 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.