Wilson & Fish is a firm of expert executry solicitors based in Scotland. Our experienced lawyers assist clients at all stages of the executry process. We pride ourselves on providing an efficient yet compassionate service to clients who have recently suffered the loss of a loved one.
If you are an executor or are otherwise involved in winding up an estate, you will be aware that the process, unfortunately, involves a great deal of paperwork. Some of the relevant forms are legally complex. In our experience, clients can find it difficult to deal with these matters whilst they are grieving and are concerned that winding up the estate will be delayed by errors in the paperwork.
Expert Executry Solicitors Glasgow & Scotland
At Wilson & Fish, our solicitors can help you to complete the necessary forms and documentation. We can either answer your questions on the documents, to assist you in completing them yourself, or, where appropriate, we can complete the forms for you on your behalf to ensure that they are legally accurate.
These forms and documents might include:
- Initial Writ for the Appointment of an Executor-Dative: If the deceased was intestate (died without leaving a will), or the executors named in the will are unwilling or unable to act, an executor dative must be appointed. To do so, the person who wishes to act will need to prepare Writ and submit it to court. We can assist in determining who should act as executor dative and making the application.
- Obtaining a Bond of Caution to administer an intestate estate: When the deceased dies intestate and the estate is valued above £36,000, the executor dative will need to obtain a bond of caution. The insurance company issuing the bond of caution will only provide this if the estate is administered by a Scottish solicitor. Therefore, it will not be possible for the executor of an intestate estate to wind up the estate without a solicitor. Our skilled team of solicitors can act for you and guide you through this process.
- The C1: This is the form required to apply for confirmation (the legal document giving the executors permission to distribute the estate). To complete this, you will need exact values for all the deceased’s assets. Our solicitors can also help you to put together an inventory of the estate and obtain valuations where needed. The C1 also requires an explanation as to why the person making the application is entitled to be granted confirmation.
- Inheritance Tax Forms: IHT forms (most commonly the IHT400 or IHT100) are sent to HM Revenue & Customs to explain the inheritance tax liability on the estate. It is vital to calculate the inheritance tax accurately, taking into account the exact value of the estate as well as gifts the deceased made in the seven years prior to their death. Our lawyers are highly experienced in inheritance tax matters.
- Property Deeds: If the deceased left their home to their children, for example, the executors are responsible for ensuring that the ownership of the property is transferred. This will usually require a new disposition in favour of the beneficiary, and relevant documents must be sent to the Registers of Scotland. Solicitors at Wilson & Fish can complete such transactions.
- Death Certificate: there are various rules as to the detail that must be included in the death certificate and where it can be registered. We understand that this can be one of the most emotionally difficult administrative aspects of dealing with the estate.
Contact our Executry Lawyers, Glasgow, Scotland
If you would like to discuss any particular forms or documents with which you are having difficulty, or have concerns regarding any other executry matters, please contact us by telephone (0141 222 7951) or via our online form, our team will be happy to assist you.