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.
It is a privilege to be appointed executor of a loved one’s Will. It is an indication of the trust they have in you to deal with their affairs following their death. However, being an executor can be challenging. Sometimes, an executor may not even know they have been appointed and only find out when the deceased’s Will is found. Where there is no Will, a family member is normally appointed by the court to deal with the estate. However, for most people appointed as an executor in a Will, their awareness of the appointment comes many years before their loved one dies.
Before you can ingather the property, assets and money in an estate in Scotland, you need to obtain Confirmation from the Sheriff Court. Confirmation in Scotland is the equivalent of Probate in England.
Beneficiaries are those entitled to share in the estate of someone who has died. Beneficiaries receive their inheritance either through the Will of the deceased or, where the deceased did not make a Will, through the rules of intestacy.
Dealing with the estate of a loved one can be a very challenging time. Emotions are running high and this can make it easy for tensions to arise. The executors may disagree about how the estate should be managed or distributed and it can seem impossible for the conflict to be resolved. Failure to agree can lead to delays in the administration and distribution of the estate. The law provides several ways to deal with disagreements between executors. If you are finding it challenging to come to a decision as a group of executors this article may help.
