Family Law AssociationThe Law Society of Scotland
Glasgow 0141 375 1222

What to do After a Loved One Dies in Scotland

Winding-Up an Estate in Scotland

Winding up someone’s affairs after they die can be a daunting prospect. That’s why we’re here to help. We handle executry work for our clients, taking care of paperwork, paying debts, confirming assets and distributing the estate, and seeing you smoothly through the entire process.

The job of the executor should commence as soon as the someone dies. Informing friends and family, registering the death and checking for funeral wishes on the Will are usually the first of these tasks. The death certificate can then be used to release funds for the funeral and to retrieve the Will. The cheque for the funeral should be presented to the deceased’s bank to allow them to pay the funeral director.

Starting the Executry Process

You should then try to find the most up-to-date version of the deceased’s Will. If there is no Will (this is known as ‘intestacy’) then an application should be made to the local Sheriff Court where the deceased lived to appoint an executor. Once the executor has been established, a grant of Confirmation is required which gives the executor the legal rights to deal with the property owned by the deceased. Once received, Confirmation allows the executor to ingather the assets of the estate. Debts and taxes should all be paid before distributing the estate, and the executor should wait six months after the date of the death before distribution so that any claims from creditors can be made. The estate can then be distributed according to the Will subject to any payment for prior rights (a spouse or civil partner’s legal right to a share of the estate) or legal rights (which is a spouse, civil partner or children’s rights to a share of the estate, with the exception of any real estate property.)

Contact our Probate & Executry Solicitors Glasgow, Paisley, Hamilton and Edinburgh

We are a team of approachable, responsive, client-focused solicitors, who pride ourselves on offering personalised, tailored advice. Operating throughout Scotland, we offer an open door policy and legal services tailored to your needs and budget. For clear, down to earth, legal advice and assistance from experienced executry solicitors, contact us via our online contact form, or give us a call on 0141 413 9229.

Jones Whyte Law private client solicitors serving clients across Glasgow, Paisley, Hamilton and Edinburgh.

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