If you have been appointed to act as an executor of a loved one’s estate, you may find the role challenging or even overwhelming. Many clients we work with have never acted as an executor before and are unfamiliar with the legal process and their obligations as an executor. If you find yourself in this position, you can seek the help of a solicitor.
Alternatively, you may find that the estate is more complicated than you originally thought and need a professional’s assistance for certain aspects of the estate administration. So what are your options as an executor for seeking advice and assistance from a solicitor?
What can a solicitor help with when winding up an estate?
A solicitor, whether instructed to act for an executor or appointed as an executor can help with most elements involved in winding up an estate. You can appoint a solicitor as an executor to deal with the entire process for you, or instruct them to handle more challenging elements such as:
- Obtaining confirmation
- Finding assets
- Paying inheritance tax
- Dealing with debts
- Overseas assets
- Legal Rights claims
Can an executor instruct a solicitor to assist them with the administration of an estate in Scotland?
Yes, and it is very common to do so. An executor may instruct a solicitor to help them with the administration of an estate. You can instruct a solicitor to assist you with as much or as little of the estate administration as you wish. For example, if you are confident in doing the majority of the administrative work but require advice and assistance with more challenging parts such as international assets or paying inheritance tax, you can instruct a solicitor to help you with just these elements.
Can an executor appoint a solicitor as an additional executor?
Yes. An executor may appoint a solicitor as an additional executor to assist them with the administration of the estate, or to replace them as the executor of an estate. You may resign from your position as executor of the estate after you have appointed a replacement, which may be a solicitor.
Who pays for a solicitor in these circumstances?
If you decide to use the services of an executry lawyer to complete your duties as executor, you can be assured that the legal expenses are drawn from the deceased’s estate. The executor is not usually personally liable for legal fees. Similarly, the executor is not usually personally responsible for court fees, such as the cost of obtaining confirmation – this can also be drawn from the estate.
Wilson & Fish Expert Executry and Probate Solicitors Glasgow, Scotland
If you need assistance with executry services, contact us today on 0141 222 7951 or request a callback by filling in our online enquiry form. Our solicitors can provide expert advice on any aspects of Executries or Probate. Based in Glasgow, we help clients throughout Scotland, including Ayrshire, Edinburgh, Aberdeen, Dundee, Paisley, East Kilbride and Stirling.