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Frequently Asked Questions

Explaining the estate administration process

Probate & Executry - Your questions answered

We understand that this can be a confusing time. There are likely to be many questions you need answered and terms you need explained. We've prepared our FAQ section to help you make sense of the estate administration process.

Featured FAQs

While there are many questions people have at this time, there are some that we are asked time and again. Find the answers to these common questions are below.

How long does it take to wind up an estate?

Generally, it takes at least six months for an estate to be completely wound up in Scotland. This timeline does not take into account any complications that may arise that could delay the process.

 

The length of time it will take to wind up an estate in Scotland will depend on a number of factors, such as the size of the estate, whether or not there are any disputes over the assets of the estate, and whether or not the deceased had a valid Will. If the deceased had a valid and up-to-date Will, it can reduce the time it takes to wind up the estate as the Executor of the Will will be able to follow the instructions in the Will.

How much does a solicitor charge for winding up an estate?

This cost of winding up an estate in Scotland can vary enormously depending on the complexity of the estate and the amount of work involved.

This can vary enormously. Banks offering this service will charge up to 5% of the value of the estate. Many solicitors will charge 2.5-4% of the estate regardless of what makes up the estate. Solicitors may also add additional fees on top.  

At Wilson and Fish we charge based on how much time we expect to spend on the file. We can estimate this with a good degree of accuracy because we specialise in Executry/Probate work.

Our fixed fees are very popular and we offer a fixed fee whenever possible.

Here are some examples of our fees.

What happens to an estate if there is no valid Will?

If there is no valid Will, the estate will be distributed according to the Scottish law of Intestacy.

This means that the estate will be distributed according to a predetermined set of rules, with the deceased’s closest relatives receiving the largest share of the estate. If there are no close relatives, then the estate will pass to the Crown.

Read about how an 

What is the process of winding up an estate in Scotland?

The process of winding up an estate in Scotland can be divided into several steps.

The first step is to identify the assets of the estate and the debts of the estate. This includes locating all the assets of the estate, such as money, property, and investments, and determining the debts of the estate, such as taxes, bills, and other expenses. 

Once the assets and debts of the estate have been identified and recorded, the next step is to apply for a Grant of Confirmation. This is a legal document that is issued by the Sheriff Court that authorises an Executor to act as the representative of the deceased person’s estate. 

Once the Grant of Confirmation has been obtained, the Executor of the estate is responsible for paying any debts, taxes, and other expenses owed by the estate. Once all the debts, taxes, and expenses have been paid, the Executor can distribute the assets of the estate according to the instructions in the Will or the Scottish law of Intestacy.

In summary, winding up an estate in Scotland can be a complex process that requires a significant amount of time to complete.  It takes at least six months for an estate to be completely wound up.

Do you need a solicitor to wind up an estate in Scotland?

It is not always necessary to hire a solicitor to wind up an estate in Scotland, but it can be beneficial.

A solicitor will always ensure that the estate is wound up in a timely and efficient manner, and can provide advice on how to manage any legal issues that arise. Hiring a solicitor can also reduce the stress of winding up an estate, as they will take care of all the necessary paperwork and communications with creditors and beneficiaries.

Dealing with estates, whether small or large, is complex and time consuming. As an executor, you have certain legal duties and responsibilities, and you may incur liability for mistakes made when dealing with the estate. Completion of the court forms is complicated and requires a Declaration to be drafted to reflect the terms of the Will. A solicitor will ensure you follow the correct procedures and will help you deal with any disputes that may arise.

What happens to a bank account when someone dies in Scotland?

When someone dies in Scotland, the bank accounts are frozen until Confirmation is obtained and exhibited to the Bank.

The executor of the estate will need to contact the bank and notify them of the death. They will need to provide proof of death, as well as a copy of the Will. Once these documents have been received, the executor can access and distribute any funds that are held in the account.

What costs are involved in administering an estate?

The costs involved in administering an estate will depend on the complexity of the estate and the services that you require.

Other than solicitors fees there will be court costs and possibly taxes to be paid. Wilson and Fish can advise of the costs that will be relevant to a particular estate.

How do I obtain confirmation to wind up an estate in Scotland?

This is a legal document that confirms the executor’s authority to administer the estate. The application must also be signed by an executor. Once this is done, it can take up to 8 weeks for the Grant to be issued.

I've been appointed executor - what do I do?

If you have been appointed as executor of an estate, it is your responsibility to ensure that the estate is administered in accordance with the wishes of the deceased.

This includes collecting and valuing all of the assets, paying any outstanding debts, and distributing the remaining assets to the beneficiaries. You will also need to complete any necessary tax returns, apply for a Grant of Confirmation (if required), and keep detailed records of all transactions. It is important to seek legal advice if you are unsure about any aspect of your role as executor.

How much is a Bond of caution in Scotland?

The cost of a Bond of Caution in Scotland is based on the value of the estate.

Generally, it ranges from £500 upwards and can be up to 2.5% of the estate’s value. The exact cost will depend on the complexity of the estate and any special requirements that may need to be met.

What are “Legal Rights” to an estate?

Legal rights to an estate refer to the rights of certain family members and other people who are entitled to a portion of the deceased’s estate.

These rights may be set out in the will or determined by law. Legal rights can include a spouse’s right to a share of the estate, a child’s right to inherit, and other people who are entitled to claim against the estate.

What do you need to do when someone dies in Scotland?

When someone dies in Scotland, there are a number of steps that need to be taken.

These include registering the death, arranging a funeral, and dealing with the deceased’s estate. Depending on the size and complexity of the estate, you may also need to apply for a Grant of Confirmation and seek legal advice.

Is Confirmation different from Probate?

Yes.

Probate is a legal process that verifies the validity of a will, while Confirmation is a process that is used in Scotland to obtain the right to administer an estate.

Do I need to use the solicitor who holds the Will to wind up an estate?

No.

You are not required to use the solicitor who holds the Will to wind up an estate. However, it is usually a good idea to use a solicitor who is familiar with the deceased’s estate and can advise you on any legal issues that may arise.

What tax is payable by an estate in Scotland?

In Scotland, Inheritance Tax is payable on estates over a certain value.

Depending on the value of the estate, it may also be subject to Capital Gains Tax. There may also be Stamp Duty Land Tax and Land and Buildings Transaction Tax payable on any property or land that is included in the estate.

How do I prepare for my role as executor?

As an executor, you will need to be familiar with the deceased’s assets and liabilities, as well as the law relating to estates.

You should also ensure that you have copies of all relevant documents, such as wills, bank statements and property deeds. You may also need to prepare an inventory of the estate’s assets and liabilities. Finally, it is important to seek professional legal advice when dealing with any complex issues that may arise during the winding up of the estate.

Does the executor of a will get paid?

Executors are not entitled to a percentage of the estate nor is the role of executor a paid position.

There may be a stipulation in a deceased’s will for a small sum to go to the executor for their trouble but barring this it is not a renumerated position, where that person is an individual.

How much does it cost to wind up an estate in Scotland?

The cost of winding up an estate in Scotland will depend on the complexity of the estate and the amount of work involved.

Generally, it is advisable to seek professional legal advice to ensure that all relevant tax and legal issues are taken into account. The cost of this advice will vary depending on the individual circumstances.

Do the executors of a will have to agree?

It is common for a person to appoint more than one executor of their estate.

It makes practical sense and helps to share the burden of administering the estate. Of course, executors may not always agree as to what is the best course of action in a certain circumstance, which can cause difficulties in making decisions. It is important that in the first instance, all executors do everything they can to come to an agreeable solution. Where this is not possible, disagreements must be dealt with quickly. Failure to deal with disagreements at an early stage can mean missing deadlines and incurring extra costs for the estate.

How long does an executor have to settle an estate in Scotland?

The time taken to settle an estate in Scotland can vary significantly depending on the complexity of the estate, the amount of work required and the availability of assets.

Generally, executors are expected to settle an estate within 12 months of death, however this can be extended in certain circumstances.

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