If you’re looking after the estate of a deceased friend or relative in Scotland, you may be worried about what to do first, the timescales you need to work to, how to deal with banks, insurance companies, pension providers and perhaps the title deeds to their home.
We have the experience and knowledge to help you obtain Confirmation / Probate in Scotland through the Scottish Courts.
Our dedicated Scottish solicitors and paralegals are available to listen to your concerns and guide you through this difficult time with clear and considered legal advice.
We adapt to suit your needs – whether this means dealing with the entire estate or simply reviewing the Court papers and HM Revenue & Customs forms you have completed – and our initial conversation with you is completely free.
To have a chat with us today, call us on 0141 628 5544. You can also contact us via our Enquiry Form or speak with a solicitor at any time (evenings and weekends included) through our Live Chat facility.
“After my mum passed away without signing a will I was having an issue with an insurance company that would not pay out the money my mum had requested be given to me after her death. I was her only child and the only nominee on the form but by law you have to be the executor of the will before they will release the funds. My mum just assumed that as she had given my name it would go straight to me. I thought the same. I looked in to organising this myself but the forms were complicated and I wasn’t sure if I was filling them out correctly. Also dealing with losing my mum I really wasn’t in the right frame of mind to deal with it all myself. I found Weir Law after a Google search looking for a solicitor who could help me. Tim Weir has been so helpful, it has been a lengthy process, my mum died in Dec 2020 and only now have the funds been released after going through courts to become the executor (Jun2021). Tim kept me up to date on the progress at all times and if I am honest after contacting him all I had to do was sign a few forms he done everything else for me. If you reading this review I would advise you to get a will as soon as possible as without one things get so complicated at a time you and your family really don’t need additional stress. Weir Law can set one up for you. I can only imagine how much more complicated it would have been if I’d had siblings, but If you do end up in a situation like I did they can take some of the stress away by dealing with it all for you.”
“Having taken advantage of the free initial advice offered by Weir Law, I have to say that I could not fail to be impressed by the extent of the telephone advice which I was given by Tim. I raised questions on a number of areas on which, although I had some knowledge, Tim clearly and efficiently filled in the gaps; so that I now have a much better understanding of the important aspects, and can plan accordingly.”
“Tim was a pleasure to deal with, from the moment of our first emails setting up an appointment, to having our document notarised. He was professional, dealt with the document efficiently and looked over everything with a detailed eye. Wouldn’t hesitate to recommend Weir Law!”
“Weir Law provided an excellent and professional service, helping me finalise my late dad’s estate. Nothing was too much bother and I was guided through all the legal forms with ease. I would use their services again if needed and would have no hesitation recommending Weir Law to others.”
“Professional and very helpful in getting a document notarised at short notice with a quick turnaround despite restrictions in place due to covid. Thanks Tim !”
Depending on the estate you're dealing with, you can choose from any of the following services:
Small Estate Service - This is a free-to-use service
We provide completely free advice to guide you through the process of obtaining Confirmation to a small estate in Scotland.
If the person who has died has worldly goods and possessions valued at less than £36,000 then this is classified as a "small estate".
We will give you the advice and assistance you need to obtain Confirmation to a small estate in Scotland.
This service is offered to you free of charge. Contact us today on 0141 628 5544 or send us an Enquiry.
Large Estate Service - To unlock assets & property
If you are named as an Executor in someone's Will - or if you are the closest relative of someone who has died - we can take the stress out of the process by completing all Court and tax forms required to obtain Confirmation in Scotland.
This service includes addressing Inheritance Tax, estate tax returns, legal rights (and other) claims on the estate.
We offer a fixed-fee for this service, so you know exactly what it'll cost at the outset.
Asset Discovery Service - We'll find accounts, title deeds, policies
We are able to arrange a search to uncover and locate dormant bank accounts, building society accounts, title deeds to a property, pension and insurance policies which belong to the person who has passed-away.
If you're in charge of an estate and you're not entirely certain that you've located all of the deceased person's assets, get in touch with us now and we can help you obtain a comprehensive overview of the estate.
DIY Confirmation Checking Service - If you're doing it yourself.
You've got the Forms and you have all the information you need to submit these to the Sheriff Court. You just need someone to look-over your documents and give you a professional steer.
We offer a fixed-fee service to review and advise on your application for Confirmation.
Contact us now to chat this through and we'll take the time to guide you through the application process.
John Maclean, Glasgow
“When my Dad passed away, I emailed the eighteen bereavement lawyers from the first three Google search pages. Replies from thirteen and only two offered an online 15 minute free Zoom call. We met Tim Weir first and were instantly impressed by his knowledge and what actions we had to take. There was no high pressure sales, just honest advice and he also gave an accurate estimation of costs. The whole process took seven months to complete my Dad’s estate and Tim was in constant contact throughout this time. He always responded to emails quickly and highly professional ongoing. I was thoroughly recommend Weir Law Solicitors.”
Guidance for Executors
If you find yourself in the situation where you are dealing with a deceased’s estate, it is essential that you are made aware of your rights and responsibilities as executor of the estate. Without legal guidance, you run the risk of a claim against you – by a disappointed beneficiary or even HM Revenue & Customs.
By instructing a solicitor, not only will you have the comfort of knowing what is expected of you as executor, you can share the burden (or off-load this entirely) with the solicitor – who will deal with all the paperwork and court procedures on your behalf.
If you decide to administer the estate yourself, it is worth bearing in mind the following:#
If there is no will, you must apply to the court to be executor
Unless you are named in the deceased’s will, you do not have the automatic right to act as executor of the estate unless you have petitioned the sheriff court nearest to the deceased’s home address. There are strict rules for such a petition, and in many cases you will be expected to obtain an insurance policy (known as a bond of caution) before the sheriff court will entertain your application.
Where the deceased owned a property, you will need to see the title deeds
This is critically important, since it is often the case that the deceased’s house is the most valuable asset in their estate. The title deeds may be held by a solicitor or the mortgage company. If you are having difficulty tracing the whereabouts of the title deeds, you can obtain electronic copies within a few days via the Registers of Scotland website. A thorough examination of the title deeds and the nature of the deceased’s ownership of the property is essential.
Obtaining confirmation requires attention to detail
If you have been asked by a bank or third party to provide confirmation (also known as probate or letters of administration in England and Wales), this means that you will need to complete and submit a set of official forms that detail the deceased’s assets, personal circumstances and those of the executor(s). The confirmation document contains an inventory, which must be populated to include all assets forming part of the deceased’s estate. In some cases, assets such as insurance policies written into trust or an employer’s death in service benefits may not form part of the estate, so it is important that you are able to distinguish estate from non-estate assets.
You will need to contact all potential beneficiaries
As executor, you have a responsibility to account to all potential beneficiaries of the estate. This means that all children (including formally-adopted children but excluding stepchildren) must be contacted following the death to inform them of their right to make a claim on the estate – even where the deceased’s will states otherwise. The law of Scotland allows all children of a deceased parent the right to claim on the estate, and this right does not extinguish until 20 years following the death. If, during that time, the executor has not provided the potential claimant with their entitlement, the executor may be personally sued by the claimant for the amount they were due from the estate.
You must keep accurate and transparent financial accounts
For the sheriff court and HM Revenue & Customs’ purposes, you will need to obtain the date of death valuations of the deceased’s assets. For complete accounting, you must also ingather the final values of these estate items, together with all interest that may have accrued. Once the legal protocols have been followed to conclusion, the executor must produce a final estate account – showing the amounts received, tax due, professional fees paid, liabilities deducted and amounts to be distributed. This account can be requested by third parties so you are advised to ensure full and diligent accounting.
Weir Law Solicitors focus on Confirmation and Probate and in Scotland. With office locations in Glasgow, Edinburgh and throughout the country, we cover all locations throughout Scotland. We also act for individuals living abroad who have been tasked with dealing with a Scottish deceased's estate. Whatever your query, contact us today on 0141 628 5544 or info@weirlaw.co.uk