Executry services - winding up estates of deceased persons
We provide a full executry service for executors and bereaved families. The executors are the people with the job of administering an estate after someone has died. We also provide these services for other members of the legal profession who need our assistance.
We will fix the price at the start of the process.
Typically we will make available the following specific services to those tasked with the winding up of a deceased’s estate, adapted to suit if we are assisting fellow practitioners:
- we will meet with the executors of the bereaved to obtain their instructions, to check the validity of any Will and to decide whether the estate has to be treated as intestate because there is no document which has testamentary effect, that is there is no valid Will
- we will deal with any issues relating to executors taking up office and if necessary will take steps to have executors appointed and to apply for a bond of caution, which is a type of insurance bond
- we will investigate the extent of the estate, discovering what assets and liabilities there are, consider the potential for any legal rights claim and if appropriate obtain discharges
- we will draft an inventory of the deceased person’s assets, which will form part of the application to the court for Confirmation; in England and Wales this is referred to as applying for a grant of Probate
- we will draw up the relevant inheritance tax return and where required complete a full return and appropriate schedules and submit them to HM Revenue and Customs, arranging for payment of any inheritance tax
- we will submit the draft application forms to the executors for approval and signature before lodging the application for Confirmation in the Sheriff Court
- we will obtain Confirmation and any necessary certificates, ingather the estate from fundholders, settle any liabilities and distribute the executry funds in terms of the deceased’s Will or according to the laws of intestacy to the beneficiaries, who are the persons entitled to receive part of the estate
- we will prepare a final executry account for approval and discharge.
In providing services for executors and families we promise:
- to keep you appropriately informed throughout the course of the executry
- to communicate with you in plain English
- to treat you with respect, recognising the difficulties that you may be facing with the loss of a family member or friend
- that the fees which we will charge will be fair and transparent
- to understand that you might not always be available between 9 and 5 and to work around that, seeking to accommodate your particular requirements.
In providing services for other members of the legal profession we undertake:
- to offer you a flexible service upon which you can rely, tailored to suit your particular requirements and which will allow you to impress your clients. Please call or email us to discuss the input that you are looking for.
A word of explanation
Applying for confirmation in Scotland is the equivalent of applying for probate in England and Wales. Scotland has a separate legal system and the terms we use here are distinct.
When someone dies their estate needs to be wound up. If the deceased left a Will, that is someone died testate, executors will have been appointed in the Will and it is those executors – nominate who have responsibility for the winding up process. Their appointment has to be confirmed by the Sheriff Court. We can make the necessary application to the Sheriff Court on your behalf. We will prepare an inventory of assets which forms part of the application for Confirmation, together with the relevant inheritance tax return.
If a nominated executor is not able, or does not wish, to take up the duties of executor it may be necessary to appoint another executor and to have the nominated executor formally decline to take up office. Quill Legal can draw up the necessary deed to take care of these requirements.
Where the deceased died without leaving a Will that is someone died intestate, an executor – dative will have to be appointed by application to the Sheriff Court. We can draw up the required writ and lodge it in court.
In Scotland, whether or not there is a Will, children have the right to claim a portion of their parents’ moveable estate, principally money. Those entitled to claim their legal rights must be given details of their entitlement and be asked whether they wish to lodge a claim or to discharge their rights. We will ensure that the necessary steps are taken either to pay any claim or to have the entitlement discharged.
To discuss your requirements please call Quill Legal on : 0131 564 1044 or email us on : firstname.lastname@example.org
8 Albany Street
Edinburgh EH1 3QB
0131 564 1044