If you have lost a loved one, watersrule can help deal with the legalities. Losing a loved one is never easy. We know this, which is why our specialst executry solicitors in Stirling are here to do all we can to help.
Executry Solicitors Stirling & Tillicoultry
If the deceased left a Will, then usually this will appoint a person or persons (perhaps even a firm of executry solicitors) to act as executor(s) of their will – executors are the people responsible for bringing the deceased’s affairs to an orderly conclusion.
If there was no Will, we can help with the process of winding up the estate – this is known as ‘intestate succession’ and the property is distributed according to the laws of inheritance.
Winding up an Estate
In most cases, before you can wind up a loved one’s affairs, you must obtain ‘Confirmation’. This is a legal document from the local Sheriff court which grants authority to the executor to administer the deceased’s estate including uplifting money from bank accounts, closing said accounts, transferring or selling shares, liquidating assets, selling or transferring property, dealing with tax, pensions, life insurance policies and paying bequests as well as many any other actions which are necessary to bring the deceased’s affairs to a conclusion.
There is no lower limit for Confirmation but generally, it is only necessary where the deceased’s estate exceeds £30,000. It is always required or if it includes any land or a house. However, in most cases, banks, building societies and other organisation will only deal with executors who have been obtained Confirmation.
In order to be granted Confirmation by the court, the executor (the person or persons named in the will as responsible for the estate) must provide a list of all of the deceased’s property (called an Inventory) to the court. This will include land & buildings (heritable property) and shares and other assets (moveable property) as well as a list of the deceased's debts.
This includes all property, even items which have already been distributed to beneficiaries and property which is located outside of Scotland.
Confirmation or Probate
Confirmation is the Scottish equivalent of "Probate" and "Letters of Administration". However, the procedure of applying for Confirmation is quite different, and the laws of succession differ between Scotland and England.
Executry Lawyers Stirling & Tillicoultry
At watersrule, we understand that this is a very difficult time, and that the deceased’s relatives will want a speedy resolution to the process of winding up an estate. Even the most straightforward estate usually takes at least six months to complete. Dealing with the formalities of a legal process is difficult at the best of times. Let watersrule’s executry solicitors in Stirling, Tillicoultry, Stirlingshire, Clackmannanshire, Plean, Cowie, Alloa or the surrounding areas in Scotland guide you through the process to ensure a swift resolution.