Executries / Wills

Dealing with a bereavement
When someone dies it can be a very stressful and confusing time. Normally, relatives or close friends of the deceased will deal with the immediate problems, such as arranging the
funeral and obtaining the Death Certificate. If the death was unexpected, there can be delays in obtaining a Death Certificate and organising a funeral. We can take responsibility for all other matters in connection with the assets and liabilities of the estate in an efficient and sympathetic manner.

What happens if there is a will?
This is what is known as a testate estate. This will usually appoint an executors (often a solicitor) who will be responsible for dealing with any assets of the estate, all in accordance with the written instructions of the deceased contained in the will. Executors, if not solicitors, should take advice from a solicitor about the steps which should be taken.


What happens if there is no will?
This is what is known as an intestate estate. If there is no will, it will usually be necessary to apply to the Sheriff Court to appoint an executor. We can do this for you. Normally the person appointed will be a close relative of the person who has died. The appointed executor will then have to deal with the estate in accordance with special rules for dividing the estate among the surviving relatives. We will provide full advice on the rules and can divide the estate for you. It is also normally necessary to obtain a Bond of Caution (Insurance policy) for the value of the estate and we can prepare and obtain this on your behalf.

What happens next?
We will then prepare an Inventory which is a list of all the assets in the estate. The Inventory will then be signed by the executor. We then send this to the local Sheriff Court and the court will issue Confirmation. This document represents the title of the executor to deal with the assets of the estate. The assets of the estate are then cashed-in: that is to say, building society and bank accounts are closed, National savings are cashed-in, shares are sold, etc. If there is a will, then the proceeds of the estate are divided among the parties named in the will. If there is no will, then the proceeds of the estate are divided among those relatives who are entitled to receive a share of the estate.

If you require assistance in these matters then please feel free to call us for immediate advice with an experienced solicitor.