Executries

The death of a family member is inevitably a very difficult time for all concerned, and having to deal with the winding up of their affairs only adds to the stress involved.

It is usually necessary for the person appointed under a Will (the ‘executor’) to apply to the Sheriff Court for a document called a ‘Confirmation’ before they can act with legal authority and deal with the deceased person’s estate.

Before Confirmation can be applied for, the executors must discover the value of every asset owned by the deceased person and record this information in an ‘Inventory’ that must be lodged with the Court. If there is no Will, additional legal formalities may also be involved.

It is only when Confirmation has been issued by the Court that the executor can start to ingather the assets of the estate, settle any liabilities (including tax) and then distribute what remains between the persons entitled under the Will (ie the ‘beneficiaries’). Some assets may be transferred to individual beneficiaries and others may need to be sold.

It may be important to claim any tax exemptions and reliefs available, as some of these can be lost if not claimed in accordance with the correct procedure and within certain time limits set out at law.

We have the necessary expertise to guide you through this often complex and potentially confusing procedure, and to provide you with the advice you may need

Contact  Hazel Stewart

              Lisa Macaree

              Chris Wallace