Executry Lawyers Aberdeen & Stonehaven
When a close friend or family member dies, it will always be an emotional and stressful time, with the legal processes that accompany a death potentially adding to the distress. Having the support of an experienced firm of solicitors to take care of these administrative tasks can be hugely beneficial. The Executry solicitors at James & George Collie are on hand to provide clear, straightforward, sympathetic advice to assist at this challenging time.
When someone dies, there are various procedures that have to be followed before that person's assets can be distributed. At this challenging time, we can assist in many ways including:-
- Registering the death and making the funeral arrangements;
- Assisting the Executors in explaining the terms of a Will and giving the family advice on the procedure to be followed;
- If there is no Executor appointed, we can arrange for this to be done through the courts.
‘Executry' is the legal term that describes a person's estate once it has passed to an Executor for distribution. However, many legal steps must be taken before this can happen. In Scotland, where someone dies owning a house, flat or land, or substantial other assets, such as those held in a bank, then it will be necessary to apply to the Sheriff Court for Confirmation to allow the assets to be dealt with.
While some people choose to carry out these steps themselves, having the support of a solicitor can make this process less stressful and enable the estate to be distributed more quickly.
At James & George Collie, we can assist with ascertaining the amount of the estate, paying any inheritance tax, and then making distributions to the beneficiaries. We realise this is a difficult time and we try to provide advice in as sensitive a manner as possible.
To read our page on "Winding up an Estate in Scotland - Advice for Executors" click here.
How is an Executor appointed?
There are two methods by which an Executor will usually be appointed – in the deceased's Will or by the Court. It is not uncommon for a person to name a firm of solicitors to act as their Executor in their Will, but if the person appointed to this role is a family member or close friend of the deceased, then it is standard practice for them to instruct a solicitor to assist in collecting together the estate. The Court will appoint an Executor if the person did not name one themselves, or if they died without leaving a Will. This is known as dying ‘intestate'.
Applying for Confirmation
Confirmation is a legal document that is issued by the Court that provides proof that the Executor has authority to deal with the estate of the deceased. Sometimes referred to as a ‘letter of confirmation', this document can then be sent to banks, building societies and other organisations with whom the deceased held accounts or property so that this can be transferred to the Executor. After this has been done, the estate can be distributed amongst the beneficiaries in accordance with the Will.
In order to obtain confirmation, different rules must be followed depending on the size of the estate. In all cases, a list of all the deceased's property – referred to as an inventory – must be prepared. This can be a complicated process, with everything making up the estate requiring to be detailed with a description and valuation. Our Executry solicitors can support in preparing the inventory thoroughly and accurately and submit this to the Court as soon as possible.
Contact our Executry Solicitors based in Aberdeen today
At James & George Collie, we pride ourselves on our reputation for offering a high-quality service at a fair price. Our Aberdeen-based team of t Executry lawyers are friendly and approachable and will guide you through every stage clearly and carefully. With over 175 years of practising law in the North-East, we are trusted by generations of families to provide accurate, reliable legal advice in plain English and free of legal jargon. No matter your circumstances, you can depend on the Executry solicitors at James & George Collie.