Murray Beith Murray LLP is a leading Scottish private client law firm.
For 175 years we have specialised in meeting the legal, financial and administrative needs of individuals and families, family trusts, charities and private companies.
What you need to do after someone dies in Scotland depends on a wide range of circumstances.
When a family member or close friend dies, there is always emotional trauma, whether the death was expected or not. However, when the person’s demise occurs, practical steps need to be taken. The extent of these steps will largely depend on the way in which the individual has passed away.
Trying to decide on which solicitor to appoint after a family member or close relative has died can be challenging. There are, however, some critical factors to consider when reaching a decision on which solicitor to appoint. Before making any appointment, make sure you have the authority, either as an executor named in the deceased’s Will or, if there is no Will, as a person entitled to be appointed by the courts as an executor. If you are not in this position, any decision you make or opinion you might express could be overruled by the valid Executor.
You can exclude a child from a Will in Scotland, but that does not mean the child cannot share in their parent's estate. Just because a parent does not gift something to a child in a Will does not mean the child is not entitled to a share in the estate. In Scotland, children have an automatic entitlement to share in their parent's estate. These are called Legal Rights.
Murray Beith Murray Private Client Partner, Andrew Paterson writes in The Scotsman this week. Read the full article below, republished by kind permission of The Scotsman:
When someone dies, there can be an expectation amongst family members that they will automatically receive a share in the estate. Regrettably, that is not always the case. Misunderstandings often lead to arguments and disputes in the family, which is the last thing the family of the deceased need at a time of great sadness. That is why it is sensible to try to reduce family conflict with a Will.
