Our Private Client team can give you specialist advice on all aspects relating to Wills and Estates.
If a loved one has passed away, you may need the advice and assistance of a team of experienced executry lawyers. We can help. Here at The McKinstry Company, our experienced solicitors will guide you through the executry process with efficiency and professionalism. We understand that this time may be challenging for you, and the burden of administering an estate can be onerous. As a result, we strive to take on as much of the practical work as possible for you to help relieve some of the stress you are experiencing at this time.
We can assist you where the deceased left a Will or where they died intestate (without a Will). To discuss your specific circumstances with a member of our team, contact us today by calling 01292 281 711 or complete our online enquiry form, and we will get back to you right away.
What is Executry in Scotland?
Executry is the legal term used to describe the process of administering the estate of a deceased person in Scotland. In order for the estate to be distributed, an executor must be appointed either in the Will of the deceased or appointed by the court.
The executry process can be complicated, and while the executor may be a friend or family member, a solicitor may also be appointed as an executor. If the executor is not a solicitor, you may instruct a solicitor to assist with the executry process.
Dealing with a Deceased’s Estate in Scotland
There are many steps involved in dealing with the estate of a deceased person in Scotland. We have set out the main stages below.
Valuing the Estate
Initially, you will need to get an idea of how much the estate might be worth. Estates worth less than £36,000 are deemed to be small estates and are generally less complicated to deal with.
The executor should make a list of all the assets that make up the estate, referred to as the ‘inventory’. Once you have an inventory of the estate, the executor can then apply for confirmation.
Paying Debts and Tax
During the valuation process, it may become apparent that there are certain debts that the estate is liable for. This may include things such as energy bills, mobile phone bills or mortgage payments. The executor will need to get in contact with each of these parties, known as creditors, to inform them of the death and obtain a final balance. The executor should keep a note of any debts due to be paid out of the estate.
Paying Inheritance Tax and Filling in Tax Forms
Certain estates will not be required to pay inheritance tax. However, even when the estate is not liable for inheritance tax, you may still need to complete the relevant tax forms.
If an estate is worth less than £36,000, the sheriff clerk can advise you as to whether you need to complete a tax form for HMRC. There are several reasons you may need to complete the form, including where the deceased gave away a significant amount of money or assets in the seven years preceding their death.
Confirmation is a court document which allows the executor to administer the estate. Confirmation confirms the legal authority of the executor, and copies of the confirmation document are used to prove that the executor is legally authorised to ingather the estate. To apply for confirmation, the executor will need to complete two forms:
These forms can be challenging to complete on your own, and you may wish to instruct a professional solicitor to help you. A solicitor could also check that you have completed the forms correctly, rather than acting as an executor if you are concerned about costs.
After You Have Obtained Confirmation
After the executor has obtained a certificate of confirmation, they can ‘ingather’ the assets and begin to distribute the estate. The executor may only distribute the estate six months after the death, to allow time for any debts to become apparent. If you need to sell a property, you will need to instruct the services of a solicitor.
Contact The McKinstry Company Expert Executry Solicitors, Ayrshire & Dumfries and Galloway
If you need advice or assistance regarding assistance with the executry process, contact us today. Our empathetic and understanding solicitors will be able to assist you and advise on your specific circumstances. To get in touch, please call 01292 281 711 or contact our experts via our online enquiry form. We look forward to hearing from you.
Really helpful and friendly always replied to calls and emails. Thank you very much for all your help and advice and hard work.Mr S, Auchinleck
First class throughout 100% better than last time we moved house and used a different firm. Always responded to promptly with appropriate detailed replies. First ClassMr N, Ayr
Thank you for the support during a difficult time.Mrs M, Ayr
Every email was timely and actioned quickly. Kirsty and Libby were exceptional to deal with. They kept me informed in a timely manner with the added complication of our sale being carried out whilst we are currently based in America.Anon.
My emails were always responded to in a timely manner no matter who I was dealing with. Thank you to Nat and Kirsty who helped throughout our move and during some difficult times when lock down was first announced! They have both been great.Miss K, Dalry
Everything was done extremely professionally.Mrs G, Ayr
Very happy with the way my case has been dealt with despite working restrictions due covid 19 - thank you. Calls & emails always responded to within reasonable timescale. Very impressed with lawyers and staff I have dealt with during current case and previous divorce case very friendly and efficient.Mrs H, Ayr
All very prompt, efficient, clear, friendly and personable. Not overwhelming with legal jargon. Many thanks for making the process of setting up a will so straightforward.Mrs D, Troon
We required our Wills to be amended and that was done without any problems whatsoever.Mrs F, Ayr
Very business-like and helpfulMr M, Ayr
I was very impressed with the professionalism shown by all members of staff I had any dealing with. All calls and emails were relevant to the sale of my flat. All questions I had were dealt with at the time. For any further legal matters I will certainly be using The McKinstry CompanyMr H, Ayr
Excellent service most happy with attentiveness and customer service.Mr F, Condorrat
Nat & Libby efficiently dealt with every question I had.Mrs K, Ayr
Kirsty understood our weird schedule when we were often 8 hours behind UK time, and simplified things for us by liaising via email. She was extremely approachable and dependable. In Kirsty’s absence, Jodie and Nathaniel would step in and communicate with us, and were very helpful too.Mrs N, Ayr
Great service and always on hand to answer our questions. Prompt and efficient response.Mr H, Ferniegair
Questions and communication were answered promptlyMr W, Sinclairston
Speaking from my own personal experience I was perfectly happy with the service I received. Everything was done to my satisfaction.Mrs I, Largs
Very efficient, timely and very mannerly on the phoneMr McN, Mauchline
The service was superb. Kirsty and team were extremely helpful.Mr and Mrs R, Ayr
First class service from start till finish. Always there to give help and advice.Mr R, Ayr
Great service and advice from a good professional company.Mr R, Kilmarnock
Excellent, very friendly and professional. I will be using you for all my property transactions in the future!Mrs S, Godstone
My case was handled sensitively and smoothly.Mr N, Ayr
Everyone concerned in the sale of our property was very efficient and kept us up to date with all happenings.D Ferguy, Cookstown
Great service. Would recommend you to others.Mr S, Kirkmichael
Communication was always available when required. Made me feel confident throughout the process.Mr L, Ayr
Always replied or phoned back when I needed my questions answered.Miss McF, Patna
A very prompt and friendly service, a pleasure to deal with.Mr R, Aberdeen
Robert was very supportive.M Carruthers, Kilmarnock.
Great, Rebecca was very pleasant to deal with and went out of her way to help with our caseS Everett, Kilbarchan
The solicitor / paralegal I was dealing with was very professional and performed to a high standard. I was very impressed.B Ferguson, Methil
Local firm, word of mouth good reports.K Rooney, Glasgow
All queries were dealt with in a prompt and professional manner and I was kept informed of progress as events developed. Thank you very much for making a difficult situation much easier to deal with.Mrs McG, Ayr
Communication via telephone and email was regular, prompt and comprehensive. All queries and questions were answered with no delays or problems. My experience with the McKinstry Company was pleasant and smooth.Mr McK, Ayr
My family and I received excellent service from everyone with whom we had contact. The service was of the highest standard and, as I have in the past, I will continue to recommend the company to anyone seeking legal assistance.Mrs S, Ayr
All emails and calls were dealt with promptly. Very impressed. Very very pleased with service.Mr and Mrs H, Hull
I enjoy the friendly atmosphere. Very professional.Mrs A, Ayr
Mr Honeyman was very professional and knowledgeable which made us feel reassured. Very happy with the service and if I needed a solicitor again I would get in touch.Mr B, Ardrossan
Prompt quick efficient communication.Mrs K, Cumnock
Ease of making appointments and timescale for completion of business all good.Mr & Mrs T, Maybole
Gave reassurance and comfort at a stressful time. I felt ten times better after our first meeting and support provided ultimately exceeded my desired outcome.Mr N, Saltcoats
The supportive way that the advice was provided along with the willingness to fit appointments in with our requirementsMr R, Ayr
The whole process was handled with upmost professionalism throughout.Mr McN, Kilwinning