family lawyer dundee executries probate

Executries Solicitors Dundee

probate dundeeIf a friend or relative dies, you must get permission to take responsibility of their estate in order to settle any of their liabilities and to distribute what remains according to their wishes as set out in their will. Without Confirmation you will not be allowed, for example, to administer their bank accounts.

A probate is the term usually applied to the process of applying for the right to administer an estate. In Scotland this is called Confirmation and is procedurally different from England

Executor law in Scotland

If the deceased has left a will, they will have named people they wish to administer their estate, known as executors. But before the estate can be administered, the executors must apply to the Sheriff Court for Confirmation.

It is crucial to understand that the role of executor is a very important one. The executor will owe legal responsibilities to the Scottish courts. After obtaining Confirmation, the executor can begin the process of dividing up the assets, paying taxes and creditors and closing bank accounts. However, the executor must first settle any outstanding obligations that the deceased's estate owes. It is only after these responsibilities have been discharged that an executor will be free to distribute the remaining estate according to the terms of the deceased's will.

Confirmation advice

Confirmation involves approaching the Scottish courts and asking for their permission for the estate of someone who has passed away to be distributed according to the terms of their will. The executor of a deceased’s estate, in applying for confirmation, will have to gather together a lot of paperwork relevant to the estate, including financial information that will be important for tax purposes, and provide this to the court for examination. It is important to keep in mind that there are different kinds of confirmation that the courts can grant, and that much will depend on the particular circumstances of the deceased’s estate.

This can be an extremely complicated business and so best dealt with by a lawyer. Not only is the executry process quite a trying experience for families, who in most cases are struggling to deal with the emotional trauma of losing a loved one, but an executor will also be faced with a significant amount of work which may be difficult to accomplish owing to a lack of familiarly with the procedure involved: negotiating with banks on obtaining important financial information and organising for the transfer of monies between different accounts; reporting to the courts on the progress made in distributing the deceased’s estate and responding to queries; and arguably most difficult of all, responding to family queries where they expect to benefit from inheritance which has not been provided for in the deceased’s will.

If you have recently lost someone very close to you and are facing the prospect of organising their estate as their executor, you do not have to act alone and struggle through the complex legal process involved. The duty of an executor is one that needs to be discharged with care and efficiency, but expert legal advisors are available to help and support you.

Executries Lawyer Dundee

Family Law Dundee is a collection of some of the most experienced solicitors that specialise in providing legal advice and guidance on all aspects of Scots Family Law. The team have been acting in this particular sphere for many years, and are routinely sought out to assist in drafting wills and providing assistance to executors in distributing the estate of a loved one who has recently passed away. The service we provide is one that places the interests and needs of our clients first, and you will work with a solicitor that understands the reality of your particular situation and will be able to advise you accordingly. We take pride in working with our clients, and providing a service that is friendly, professional and afford our clients complete satisfaction.  

Call us on 01382 250 361 or contact us online.

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