International Executry & DIY Wills
Wilson and Fish were contacted by an individual in America regarding a DIY Will where the appointed executors had passed away before the deceased and the beneficiaries were not specifically named in the Will. Unfortunately, where a DIY will is used, this almost always causes delays and additional costs in connection with estates. There was also a claim on the estate from a creditor which the individual did not understand to be due.
The individual was already represented by a firm prior to approaching us for advice but was disappointed in the lack of progress and was not receiving clear advice on the complex issues involved. Wilson and Fish were able to advise the individual on who the appropriate people were to be appointed as executors now that the executors named in the Will had passed away and also arrange for this appointment through the court.
In order to deal with the issue of the beneficiaries not being named fully in the Will, Wilson and Fish arranged for affidavits to be drawn up and signed by third parties, which set up the identity of the beneficiaries. This allowed us to successfully apply for Confirmation and uplift the assets. In relation to the creditor claim, we provided advice to the individual which meant that the claim was successfully withdrawn and this substantially increased the amount due to the beneficiaries.
Wilson & Fish were contacted by the wife of a deceased man who had made a Will using a “DIY Will Pack”. The deceased’s wife had already consulted a local firm of solicitors who had applied for Confirmation based upon the Will but that application had been rejected.
On reviewing the Will, it was apparent that the Executor had not been correctly designed and identified and for that reason the court had not granted Confirmation.
We advised on the necessary procedures to correct the issue with the Will, which involved our solicitors obtaining affidavits from witnesses to confirm that the named individual in the Will was indeed the same individual who was now seeking to be appointed Executor.
Our application for Confirmation was granted and we were able to wind up the estate.
It is always better to seek advice from a solicitor when writing a Will. A solicitor will ensure that your Will is valid, accurately reflects your instructions and deals with all of the issues relevant to your estate.
Whilst on this occasion we were able to resolve matters, it did result in a delay in winding up the estate and additional fees. Not all mistakes can be as easily resolved.
Wilson & Fish were contacted by a lawyer in Australia who was acting for the Executor of a deceased person, domiciled in Australia, but having substantial moveable assets in Scotland.
We were able to immediately advise our Australian counterparts of what deeds and documents would be required to allow us to apply for and obtain Confirmation to the estate in Scotland.
Once matters were agreed, we prepared the relevant documents for execution by the Executor in Australia and emailed them to the solicitor who arranged for the Executor to sign them. After execution the deeds were “Fedexed” back to us.
We completed the relevant inheritance tax return to HMRC and lodged application for Confirmation in Edinburgh Sheriff Court, which was granted. We were then able to uplift and encash the assets.
Finally, we transferred the money back to Australia where the estate could then be finally wound up.
Our experience of assisting foreign lawyers and Executors and dealing with estates with an international element has given us a clear insight of what is required in Scotland and what is expected abroad.
We offer a speedy, transparent and efficient service for all foreign/international clients.
For expert Executry and Wills advice, both relating to estates in Scotland and abroad, contact our lawyers today on 0141 222 7951 or via our online enquiry form.
Contact Wilson & Fish: Expert Probate Executry Lawyers, Scotland
At Wilson and Fish Solicitors we are committed to fair pricing which is clear and transparent to our clients. Please contact us on 0141 222 7951 to speak to our specialist executry/probate solicitors today.