Executry Services

Administering an Estate in Scotland

When someone dies, their affairs need to be wound up by collecting their assets, settling any liabilities, and distributing the remaining assets to those entitled. This process is known as “administering an estate” or “Confirmation” in Scotland.

At Chamber Practice, our empathetic Private Client Team understands that losing a loved one is a very stressful and upsetting time. The legal process of dealing with an estate can feel extremely challenging and overwhelming. Our experienced staff can guide you through the process step-by-step, whether there is a Will (testate) or not (intestate). Every estate is different, and we provide the necessary advice and assistance to handle estate administration efficiently and promptly.

Support Tailored to You

We assist with every aspect, such as the formalities surrounding identifying the assets and liabilities in the estate and obtaining valuations to prepare an Inventory of these assets and liabilities. This Inventory forms a part of the application for Confirmation, which we can submit to the relevant Sheriff Court on your behalf. There may also be Inheritance Tax to consider, and we liaise with HMRC about that. Once Confirmation is granted by the Court, we work with you to close bank accounts, sell/transfer any shares, sell/transfer property, pay any debts, pay any legacies if there is a Will, deal with any legal rights claims, and ensure the correct distribution of funds in accordance with the deceased’s Will or the law governing intestate succession.

We understand how important communication is and ensure good channels of communication with all relevant parties at every stage of the estate administration. Our aim is to take this burden away from you so that you can focus on the grieving process for your loved one.

Steps in Administering an Estate

Asset and Liability Assessment

The first step involves determining the assets held by the deceased and any debts or liabilities they owed.

Application for Confirmation

If required, an application for Confirmation is prepared and submitted to the appropriate Sheriff Court.

Inheritance Tax Return

An Inheritance Tax return is prepared for HMRC and any tax due must be paid at the time of submission. Thereafter, with HMRC'S approval, the application for Confirmation can be submitted to the relevant Sheriff Court.

Notification of Legal Rights

Irrespective of what is written in a Will, if a spouse/civil partner and/or children have been left out of a Will then we are obliged to inform them of their right to claim Legal Rights. Legal rights are a claim to a share of the net moveable estate (excluding land and buildings).

Settlement of Debts and Distribution

Once the estate is ingathered, the Executors settle any outstanding debts and liabilities along with payment of any legacies. An Executry Account is then drawn up detailing the receipts and payments during the estate administration.

Final Distribution

After payment of all debts and expenses of administration, the residue (what's left) is distributed to the beneficiaries in accordance with the Will

What Our Customers Are Saying

Get in Touch

For more information, you can email contact@thechamberpractice.co.uk or call our office on 01382 203000. Your enquiry will be directed to the relevant local specialist in your area.