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Support During Bereavement – Executry Services In Scotland

Losing a loved one is an emotional and challenging time. At Deans Solicitors and Estate Agents LLP in Edinburgh and South Queensferry, we understand the overwhelming nature of this process.

Our experienced team provides compassionate and professional executry services to guide you through the complexities of managing their estate and the legal processes involved, and is dedicated to easing your burden with sensitivity and expertise.

We offer tailored executry services, recognising that each family and estate is unique. Whether there is a Will in place or the estate falls under intestacy rules (where no Will exists), we provide comprehensive support. From meticulously handling paperwork and navigating debts and tax matters to ensuring fair distribution of estate assets, we are here to guide you every step of the way.

Our comprehensive Executry Services include:

• Guidance and Initial Advice Following a Death: We provide clear and supportive guidance on the immediate steps to take after losing a loved one.
• Intestacy Guidance (When There is No Will): We offer expert advice on the legal implications and procedures when a loved one passes away without a valid Will.
• Funeral Account Settlement: We can assist with the often-stressful task of settling the funeral expenses.
• Property Valuation: Our team provides accurate valuation of heritable property (real estate) within the estate.
• Obtaining Confirmation (Probate/Grant of Representation): We expertly handle the application process for Confirmation, the legal authority required to administer the estate.
• Inheritance Tax (IHT) Returns and HMRC Liaison: We manage the preparation and submission of Inheritance Tax returns and act as your point of contact with HMRC.
• Legal Rights Claims and Estate Disputes: We provide robust representation in the event of Legal Rights claims or disputes involving executors or beneficiaries.
• Estate Debt and Bequest Settlement: We ensure all estate debts are settled appropriately and bequests are distributed according to the Will or intestacy rules.
• Property Sales through Our Estate Agency: As a full-service firm, we can seamlessly manage the sale of the deceased’s property through our dedicated Estate Agency team.

At Deans Solicitors and Estate Agents LLP, we are committed to providing efficient and fair executry services for estates of all sizes in Edinburgh and the surrounding areas. Our aim is to make the process as smooth and stress-free as possible for you during this difficult time.

Contact our experienced executry solicitors today for compassionate and expert assistance.

FAQs

What Should I Do After Someone Passes Away?

Losing a loved one is incredibly difficult, and during this emotional time, there are a few practical steps that will need to be taken.

The first step is to register the death with the local registry office. When you do this, the registrar will also explain the Tell Us Once service. This helpful service allows you to inform most government organisations in one go, including:

• HM Revenue and Customs (HMRC)
• Department for Work and Pensions (DWP)
• Passport Office
• Driver and Vehicle Licensing Agency (DVLA)
• The local council / Council Tax Department
• Certain public sector pension schemes

It’s also important to find out if the person who has passed away left a Will, as this may include any wishes regarding the funeral, and will also name the Executor(s) – the people responsible for handling the estate.

Executors are tasked with gathering information about the person’s assets and applying for Confirmation (also known as probate in England and Wales). Many Executors choose to work with a Solicitor for support during this process and our team is here to help if you need guidance or assistance.

You’ll also want to speak with a funeral director to begin making arrangements in accordance with your loved one’s wishes.

What Is Confirmation / What Is An Executry And Why Do I Need It?

When someone passes away, managing their estate can feel daunting. In Scotland, Confirmation is the legal process – similar to probate in England and Wales – that gives the named Executor(s) the authority to handle the person’s affairs and distribute the estate.

Confirmation is granted by the Sheriff Court once the Executors submit an inventory detailing the deceased’s assets and liabilities. This might include property, bank accounts, savings, investments, and any outstanding debts.

The broader process of dealing with someone’s estate is known as the Executry. This involves gathering the necessary information and documents, applying for Confirmation if required, and finally distributing the estate according to the instructions in the Will – or, if there is no Will, in line with the Succession (Scotland) Act.

It’s important to know that Confirmation isn’t always needed. For smaller estates – particularly where there is no heritable (property) ownership – it may be possible to manage things without applying for Confirmation.

If you’re unsure whether Confirmation is necessary or need help with any part of the process, our team is here to support you every step of the way.

What Happens If There Is No Will?

If there is no Will, it may be necessary to apply to the Court to have someone formally appointed to take on the role of Executor. This person – known as an Executor Dative – is usually the deceased’s spouse, children, or another close relative who is entitled to a share of the estate. 

Who Is Responsible For Paying Inheritance Tax?

In the event that Inheritance task will be due, the Executor is responsible for preparing an Inheritance Tax Account and arranging to pay the Tax. The Inheritance Tax is usually paid from funds within the estate, or from money raised from the sale of the assets. IHT must be paid within six months from date of death and must be paid before the application for Confirmation can be submitted to Court.

How Long Does The Executry Process Normally Take?

This will vary from case to case and very much depends on the assets held. In a more straightforward Executry it will take approximately 4-6 months to obtain Confirmation and will take on average a further 2 or 3 months to complete the administration.
However, a more complicated estate with Inheritance Tax implications will take much longer to complete the administration.

Valuing A Property For Executry Purposes?

On the basis that there is no Inheritance Tax due then a reasonable valuation is all that is required for Confirmation purposes and a local solicitor can provide this. However, if Inheritance Tax is due then a written Inheritance Tax Valuation must be obtained from a local surveyor as this must be submitted to HMRC along with the Inheritance Tax Account. We can help arrange a suitable valuation in either scenario.