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.
Recent analysis has disclosed that one in twenty-five of us will pay Inheritance Tax (IHT) on our estate. In the last year, HM Revenue and Customs has collected nearly £1bn more in IHT receipts than in the previous year. This signifies an increase in the value of estates falling into Inheritance Tax. This is partly driven by recent record increases in residential property values and partly by IHT thresholds that have remained static for several years.
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.
