Losing someone is a very traumatic, emotional and disheartening time. It can be overwhelming trying to work out where to start and what to do, especially if this is the first time you have had to experience the death of a loved one.
It can also be difficult to deal with the formalities that come in the aftermath of losing someone. We can take the stress of these formalities away from you and help to ease some of the pressures by assisting you in dealing with an estate. Call our private client solicitors on 0141 429 8166 or complete our online contact form.
After death there are numerous important actions that need to be taken by the executor known as "winding up an estate". This involves such steps as in gathering all the assets of the estate and paying any debts and funeral expenses and any tax liability. In a large estate Inheritance Tax can be a complex process and it is important to ensure that application is made to HMRC for any applicable exemptions.
Applying for Confirmation is at the Sheriff court is required in most estates because fund holders will not release assets without a certificate of Confirmation; this involves framing formal documents and a full inventory of the estate to lodge at court. Once Confirmation is obtained, which is the court’s authority for the executor to ingather the estate, and this has been done, the final step involves settling any bequests of the will and dealing with “legal rights” claims, or applying the laws of intestacy to ensure the correct distribution of the estate to all beneficiaries, and obtaining the necessary formal discharges.
How we deal with an estate will be dependent on if there is a will or not, should there be no will the estate can be more complicated for you to deal with and involve a formal application to the court for the appointment of what is known as an “Executor Dative”. We, as professional advisors, can deal with what is known is an “intestate estate” with ease. In such cases a Bond of Caution (form of insurance) will be required by the executor before Confirmation can be granted.
The value and size of the estate will impact on how we deal the estate and our solicitors have the experience to deal with both large and small estates. Many estates hold assets which family members were previously aware of, and shares and pensions can be problematic to encase, particularly if you have never done this before. We will arrange to distribute the estate in accordance with the law, protecting the position of the executor who is ultimately responsible to make sure that the estate is properly wound up.
We are here to take away the stress of dealing with an estate and give you peace of mind your loved one's estate is taking care of and our aim throughout is to make this process as easy as possible at this time of loss. Call us on 0141 429 8166 or complete our online contact form.
Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.
If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.
Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.
The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.