Executry (Estate Administration)

When someone passes away it is natural to feel overwhelmed and at a loss to know how to tackle the very many things which need to be done.

Executry Legal Advice

At ELP Arbuthnott McClanachan we are always pleased to give you a little advice – if you give us a call we are more than happy to talk you through what is likely to happen and what needs to be done.

Often, if the estate is small, you might not need the assistance of a solicitor:

• Either because the banks will pay out to the next of kin on an informal basis
• Or because most of the assets are held jointly and pass on to the survivor automatically
• Or because you can obtain the Confirmation (the Scottish Probate) through the Small Estates procedure with the help of the local Sheriff Clerk.

We are happy to point you in the right direction (free of charge) and also to flag up any potential pitfalls. For example, it is not uncommon for a widow or widower to simply carry on living in the house only to find in years to come that the title to the house is registered in the name of the deceased, or in joint names, and needs to be formally dealt with sometimes decades later.

Executor Of A Will

If matters are more complex then you may find that you do need our professional assistance in obtaining Confirmation. The Confirmation is the Scottish form of Probate and is the Court’s authority to the executors to deal with the estate. Where large sums or land or buildings are involved then the Court’s authority – in the form of the Confirmation- will be necessary to deal with the assets. We will explain in detail the procedures which need to be followed, the costs involved and the likely timescales. We can deal with everything for you – pensions, tax, investments, the transfer or sale of the house, payment of legacies etc. and we will keep you informed of progress throughout. Our aim is to deal with the estate quickly and efficiently, and to guide you through what is always a difficult time with as little stress and worry as possible.

If you do find yourself having to deal with a death in the family and don’t know where to turn, please do feel free to contact ELP Arbuthnott McClanachan for some guidance. The initial call or meeting will be free of charge and, from what our clients tell us, just chatting things though can make it feel as though a weight has been lifted from your shoulders. What seem impossible turns out to be manageable – with a little expert help and advice.

Our experienced solicitors can also provide expert advice on wills and powers of attorney.