Acting as an executor can be challenging. There are many things an executor needs to do in order to properly wind up an estate, with many duties and obligations with which they must comply. As a result, many people choose to appoint or instruct a solicitor to assist them with the administration of a loved one’s estate. In this article, we answer some of the questions you may have about working with a solicitor to wind up the estate of a loved one.
You do not need to use a solicitor to wind up an estate in Scotland; however, it is recommended. Even small estates can be difficult to wind up without an understanding of the legal process and your legal duties. Common challenges you may face when winding up an estate of a loved one include:
This list is not exhaustive, and there are many challenges executors may face during the executry process. Instructing a solicitor can relieve some of the burdens and ensure proper administration of the estate.
When choosing a solicitor to act as an executor or assist you in winding up an estate, you should choose a law firm that specialises in executry matters. While many solicitors will have a broad understanding of executry matters, only a specialist firm will have experience of complex challenges. For example, many firms offer basic executry services, but very few are able to assist with estates with an international element or high-value estates.
Yes, if you are an executor, you may appoint a solicitor as an additional executor to assist you. You may also resign from the role of executor after you have appointed a replacement, including a solicitor. It’s worth noting that you do not need to appoint a solicitor as an executor in order for them to help you with the administration of an estate. If you want to take care of much of the executry process yourself, you can simply instruct a solicitor to assist you with certain parts of the estate administration.
No. When choosing a solicitor to appoint as an executor, you are free to use any solicitor you wish. Of course, there may be some advantage in using the solicitor the deceased discussed their Will and estate matters with, but an experienced solicitor will be able to interpret the Will and the wishes of the person who has passed away.
Murray Beith Murray Partner, Andrew Paterson, heads our Executry group and has assisted many families with the legal issues arising following the death of a relative. If you have any questions about the issues covered here, or if you wish to discuss any other legal matter, please complete our contact form or call us on 0131 225 1200.
At Murray Beith Murray, we're more than just lawyers - we're trusted advisors. We clearly outline the executry process, providing straightforward, practical advice and assistance. Our approach to client service is friendly and responsive, and we operate with the highest standards of integrity and professional expertise.