The loss of a loved one is an inherently difficult time. Amidst the emotional challenges of bereavement, the legal and administrative tasks required to settle an estate can feel overwhelming. At Gibson Kerr, our Executry team is dedicated to easing this burden. We provide a steady, professional hand to guide executors and family members through the complexities of the Scottish legal system with dignity and care.
Navigating the Executry Process
The term Executry refers to the entire legal process of winding up a deceased person’s estate. This involves identifying all assets, paying off any outstanding debts or taxes, and finally distributing the remaining estate to the beneficiaries. Whether the deceased left a Will or died intestate, our solicitors ensure that every legal obligation is met with precision.
One of the primary stages in this process is obtaining Probate in Scotland, which is legally referred to as ‘Confirmation’. This is the court document that grants the executor the formal authority to uplift assets from banks and transfer property. We handle the technical paperwork involved in the application to the Sheriff Court, ensuring that the inventory of the estate is accurate and that all valuations are professionally handled.
Understanding Rights and Responsibilities
For many, the first question after a loss is simply: What happens when someone dies in Scotland? The Scottish legal system has unique rules, particularly regarding “Prior Rights” and “Legal Rights,” which ensure that certain family members have a claim on the estate regardless of what is written in a Will.
Our team provides expert clarity on these rules, especially when it comes to Claims on Inheritance. Disputes can arise during the administration of an estate, whether through a challenge to the validity of a Will or a disagreement over the distribution of assets. We act as mediators and legal advocates, working to resolve these “Contentious Probate” issues as efficiently as possible to avoid lengthy and expensive court battles.
Specialist and International Expertise
In an increasingly globalised world, many estates are no longer confined to a single country. We have significant experience handling Foreign Estates with Assets in Scotland. This includes assisting overseas executors who need to navigate Scottish law to release local bank accounts or sell Scottish property. Conversely, we can assist Scottish executors in dealing with assets located abroad, coordinating with international legal partners where necessary.
The role of an executor carries significant legal responsibility and potential liability. By instructing Gibson Kerr, you ensure that the estate is administered correctly, taxes (such as Inheritance Tax) are calculated accurately, and the final distribution is handled according to the law. Our sensitive and efficient approach allows you to focus on your family, while we take care of the legal details, ensuring that your loved one’s final wishes are honored and the estate is settled with the utmost professionalism.
