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Guidance for Beneficiaries in Scotland

Guidance for Beneficiaries in Scotland

I have lost a relative, what next?

Executry Probate Lawyers in Glasgow Scotland

If the deceased left a Will, an executor(s) will be nominated. If this is you, you can download our Guide for Executors by filling out the form opposite to help answer some of the questions you may have. In cases where the deceased did not leave a Will, then a next of kin requires to be appointed as an executor-dative. If this is you, the guide may also be helpful for your circumstances.

If you need more help and advice on this, please contact us on 0141 222 7951 and we can assist you further in the estate administration.

“Excellent service and support in handling my late Father’s estate, highly recommended, in such difficult times.” – Paul Sweeney
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I am not the Executor and I will not be appointed as the Executor-Dative

If you are not an executor to the estate but you know that you are a beneficiary either because your relative told you prior to their death that you are provided for in their Will or perhaps you are not sure if they even wrote a Will but believe that you may be legally entitled to something from their estate. Wilson and Fish can assist you in ascertaining if you are provided for in the Will if there is one and can also provide advice on your legal entitlement and ensure that you receive this should you wish to make a claim. We can liaise with the executor or their agent to keep you informed, review the calculation of the sum due to you to ensure it is correct as well as review any documents you may be asked to sign.

We appreciate that as a beneficiary, it can be frustrating as you might not know what is happening behind the scenes.

When an executor appoints a solicitor to help with the estate administration and apply for Confirmation (known as probate in England and Wales), there will be a lot of back and forth between the executor and acting solicitor. As such, beneficiaries are largely left out of the communication.

As a general rule, the executor(s) are protected from claims by any creditor that have not been lodged within six months from the date of death. Accordingly, most estates will not be finalised within six months of the death in order to ensure the executor(s) are protected.

Where the DWP or HMRC make a claim on the estate, this has to be dealt with as soon as possible and the necessary involvement of these organisations can slow the estate administration down considerably, especially if there is any Inheritance Tax payable.

To give you an idea of how things happen, we have included a flow chart below:

The Deceased

 

Registration of Death and Funeral Arrangements

 

Did the Deceased leave a Will?

 

Yes

 

No

The Estate is a Testate EstateThe Estate is a Intestate Estate

Where Confirmation in the estate is required

 

Testate

 

Intestate

Registration of the Will

 

Decide which Next of Kin is to be appointed as executor

 

If more than one executor who will sign the Forms?

 

Petition to Court for appointment of executor-dative

 

Solicitor ascertains full valuation of estate

 

Solicitor ascertains full valuation of estate

 

 

 

Apply for bond of Caution

 

Prepare application for Confirmation

 

Prepare Application for Confirmation

 

Contact legatees and Beneficiaries

 

Contact Beneficiaries

 

Send out Confirmation to all Asset holders, solicitor ingathers Assets

 

Send out Confirmation to all Asset holders, solicitor ingathers Assets

 

Pay out legacies or claimed Legal Rights

 

Pay out claimed Legal Rights

 

Solicitor prepares Estate Accounts

 

Solicitor prepares Estate Accounts

 

Final residue payments made
Free estate divided per scheme of division

If you would like a fee quote or to speak to someone about how we can help you ensure you get your correct entitlement please call us on 0141 222 7951 or send your enquiry here.

What can I do if I am unhappy?

International Executry Solicitors Scotland for Australia

The first thing to do is to ask the executor if everything is running smoothly; there may be a reason for a delay or a problem that they are able to share with you.

If the executor is refusing to communicate with beneficiaries or is not carrying out his/her legal duties, then you may need to seek your own independent legal advice to establish the position or to deal with an executor who is not progressing the administration of the estate. N.B. Wilson and Fish do not offer advice on contentious estates we only assist in ensuring that beneficiaries receive their entitlement.

If, as the result of an action, you are subsequently appointed as an executor, then get in touch with us and we will see how we are able to help you going forwards.

“Tremendous service expertly handled and quickly processed. Would not hesitate to use this service again.”

– Patrick Kelly, Scotland, February 2020 5stars

Request a Callback from our Specialist Executry (Probate) Lawyers Glasgow, Scotland

If you need assistance with winding up a loved one’s estate, it is always recommended to get legal advice from a qualified solicitor. Based in Glasgow, we help clients throughout Scotland including Ayrshire, Edinburgh, Aberdeen, Dundee, Paisley, East Kilbride and Stirling.

Get in touch today by calling 0141 222 7951 or you can request a callback by filling out our online enquiry form.