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

If you have been appointed an executor, you, along with any other executors, have a choice as to who will help you wind up the estate, and the solicitor you choose does not have to be the one who holds the deceased’s Will. If a solicitor, rather than a family member, has been appointed as an executor, the beneficiaries of a Will also have the choice to change solicitor, where they collectively agree to do so.

When instructing a lawyer to wind up an estate, it is recommended that you work with a firm that specialises in probate, confirmation and executry services. Look for a firm that provides value for money and who you are comfortable with.

Wilson & Fish, only deal with probate, confirmation and executry estates. If you have any questions about winding up an estate, including about your choice when it comes to the professional you instruct to help you carry out this responsibility, please do not hesitate to get in touch. We pride ourselves on providing a tailored, efficient and affordable service, and guiding our clients through these often complicated and sensitive situations.

To speak with one of our specialist executry (probate) solicitors about winding up an estate, you can call us on 0141 222 7951 or request a callback by clicking here.

Why might you instruct a different solicitor?

It is understandable that you, and any other executors, may be hesitant at the thought of transferring the work to a different firm to that chosen by the deceased. However, in certain situations, it may be in the best interests of the beneficiaries to choose a different solicitor:

• The value and/or complexity of the deceased’s estate: If the distribution of the deceased’s estate will be complicated (because, for example, they had foreign assets or because there are numerous beneficiaries) it especially prudent to appoint a solicitor from a specialist probate firm. The laws on winding up vary according to the size of the estate, and matters such as inheritance tax can be complex.
• The deceased’s trusted solicitor has retired/left the practice: If the deceased had a strong working relationship with a particular solicitor, but that solicitor no longer works for the firm named in the Will, the executors may wish to appoint an alternative firm.
• Geographical convenience: If the deceased’s solicitor’s location is not convenient for the beneficiaries, and the solicitors are unable to travel or work with you over the phone, it could be appropriate to appoint a solicitor in a more convenient location.

Losing a loved one is an enormously difficult experience. If you are an executor and/or beneficiary and feel that the administrative burden on you would be eased by appointing an alternative firm to that named in the Will, please do not hesitate to contact us. Ensuring that the Will is dealt with by an expert Wills and executry (probate) solicitor can provide peace of mind at a stressful time.

“I used Wilson and Fish to get Confirmation for my late fathers estate. They provided a friendly and efficient service. Good communication throughout the process and everything clearly explained. I would happily recommend Wilson and Fish. Thanks to Donna for making it so simple.”

– Gavin Laird, Scotland, December 2019

Wilson & Fish Expert Executry and Probate Solicitors Glasgow, Scotland

Wilson & Fish specialises in Probate and Executry. We are based in Glasgow and have advised clients across Scotland, including from Ayrshire, Edinburgh, Aberdeen, Dundee, Paisley, East Kilbride and Stirling. If you have any questions regarding winding up an estate, please contact us today on 01412227951 or fill in our online enquiry form. Our experienced and knowledgeable solicitors can advise at your earliest convenience.