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What do you do when someone dies?

  • The Law Society of Scotland

At Claphams, we understand how stressful dealing with an estate can be. When a loved one dies, the emotional challenge can be overwhelming. To begin to deal with the administrative burden may seem impossible.

That is where we come in. Our highly experienced team are experts in dealing with executry and estate management. We can guide you through the process – from registering the death to distributing the estate – with sensitivity and efficiency at this extremely difficult time.

Here we outline some of the key stages involved in administering an estate. If you have any queries, please do not hesitate to get in touch with our team who are always happy to assist.

Our Expertise

When someone dies, it will initially be important to establish if the person had a Will. The procedure to be followed will vary depending on whether they had a Will (i.e. they died testate) or they did not have a Will (i.e. they died intestate).

A Will generally appoints executors, who are the people who deal with the deceased’s estate. If there is no Will, an executor will be appointed by the court. At Claphams we can offer legal advice in relation to the appointment of executors to ensure that the correct procedures are followed

Once executors are appointed, it is necessary to apply for probate, although this term technically only applies in England and Wales. In Scotland, the correct term for the process of applying for legal permission to wind up an estate is called ‘Confirmation’. Confirmation is the process by which the executors obtain the necessary authority to deal with the deceased’s estate. Until you have Confirmation, you cannot distribute the estate. In order to obtain Confirmation, an inventory of the estate must be prepared. This list will include all of the items owned by the deceased, including money in bank accounts, shares and homes. The executors can then apply to the Sheriff Court to receive the legal document - ‘the Confirmation’ – which allows them to ingather these items and distribute them as appropriate. Distribution will operate in terms of the Will and the law around how estates in Scotland are shared among family members. This can be a lengthy process and it is important that you seek legal advice to ensure this is done correctly and as efficiently as possible. At Claphams, we are experts with decades of experience in administering estates. We can manage the day to day administration to ensure that distribution does not become an overly heavy burden on a grieving family.

Another crucial element in dealing with the estate of a deceased person is considering whether inheritance tax is to be paid. Inheritance tax can be both dense and complex. However, at Claphams, we have an expert team on hand to advise you and simplify the process as much as possible

Contact our Wills & Executry Solicitors in Clarkston, Newton Mearns, Giffnock, Netherlee, Eaglesham, Carmunnock, Stewarton Southside Glasgow

Our highly experienced team have helped many clients in Clarkston, Newton Mearns, Netherlee, Giffnock, East Kilbride and the Greater Glasgow area deal with the administration of an estate. Don’t hesitate to get in touch if you’d like to discuss your situation. Contact us today on 0141 280 4982 or fill out our online enquiry form if you require our assistance.

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Please note we are a firm of Scottish Solicitors helping clients across Scotland and cannot help you if you are based in England.