When someone close to you dies this will always be a difficult and emotional time. If you have been appointed to oversee the distribution of this person's estates, navigating the relevant legal process and ensuring that you correctly perform this role can cause additional stress and worry.
The executry solicitors at Masson Cairns can provide much-needed guidance and support at this time, delivering clear, jargon-free, sympathetic advice to put your mind at ease. Our experienced, professional executry lawyers can answer any questions you may have quickly and in plain English and will keep you updated on developments throughout this process. Speak with one of our friendly and approachable solicitors today to find out how we can help.
The term ‘executry' is used to describe the process of distributing the estate of someone who has died after it has passed to an executor for distribution. The estate is made up of the person's money, property and belongings. The executor is the person that the deceased has appointed in their Will to deal with the distribution of their estate. In cases where there is no Will, the Court will appoint someone to fulfil this role.
It is not uncommon for someone to appoint a firm of solicitors to act as their executor. Doing so will ensure that all the appropriate legal rules are followed throughout and that mistakes are not made which could lead to problems or delays in the distribution of the estate. Having a solicitor take on this role can also avoid disagreements between family members or loved ones when it comes to sharing out the deceased's assets. When a family member or friend has been appointed as the executor, many choose to appoint a solicitor to assist them in their role.
There are a number of legal stages that must be completed before an estate can be distributed. The first stage involves checking funeral arrangements and obtaining copies of the death certificate.
Confirmation must then be obtained –this is a legal document that gives the executor authority to deal with the estate and can be sent to banks, building societies and other institutions to gain access to the deceased's assets. All assets such as property, savings and other belongings must be identified, and an inventory prepared. Arrangements may then need to be made for paying any Inheritance Tax that is due on the estate.
When these steps have been completed a Certificate of Confirmation may then be sought from the Sheriff Court. When all assets have been collected and six months have passed, debts should be paid along with any income tax due on the estate. At this point, identified beneficiaries should be notified, and arrangements made to distribute their share of the estate.
For over 40 years we have been providing the very best legal advice to clients throughout the Spey Valley, Cairngorms, across the Highlands and Scotland from our offices based in Grantown-on-Spey&Inverness serving the Highlands and Scotland. Our approach is uniquely client-focused –whatever your circumstances, our team of solicitors will deliver a service that is specifically tailored to your needs.
As a full-service firm, our executry lawyers will work closely with colleagues in other departments, such as property, to provide a comprehensive service for you.
Speak with a member of our Executry team today by calling us on 01479 874800 or by completing our online form.
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" Thank you so much for your help, you were the only estate agents who regularly kept in touch, and we are so grateful. "
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