When a loved one dies, their affairs will need to be organised and their assets distributed to their surviving relatives, according to either the terms of a Will or the intestacy rules. Although it is often referred to as probate (the term used south of the border), this process is called executry in Scotland.

It is often the case that close relatives or friends of the deceased will either be nominated in a Will or appointed by the Court to take on the responsibility of winding up the deceased’s estate. Those with this role are called executors and they are the deceased’s legal representatives.

Here we provide a brief overview of the role of executors in Scotland and when you might want to consider getting specialist legal advice and assistance with executry or probate. While it isn’t mandatory to get legal assistance to carry out this role, a specialist solicitor will help to ease the burden and smooth the executry process. For more information, please contact us.

What Does an Executor Do?

Once an executor or executors are identified, either in a Will or because they are next of kin, they will be responsible for administering the deceased’s estate. This often involves:

As can be seen from the above, executors have many legal responsibilities. Sometimes this process can be complex, particularly if there isn’t a Will or the estate is complex.

When Should I Use a Specialist Executry Solicitor?

You might consider getting the assistance of a specialist executry solicitor in the following circumstances:

The above list isn’t exhaustive. Whatever the situation concerning executry you might face, our specialist solicitors are ready to help.

Wilson & Fish – Specialist Probate & Executry Solicitors

If you would like to know more the executry process, one of our specialist solicitors is ready to help. At Wilson & Fish, our expert lawyers have vast experience assisting and representing clients in all manner of succession law matters in Scotland. We regularly assist clients in the administration of estates, both large and small. If you need assistance with probate, please contact us for specialist legal advice and assistance.