When a loved one dies it is always a very distressing and emotional time for family and friends. We know that dealing with a deceased person’s affairs can be a very emotional and onerous task.

Here at Mactaggart & Co. we offer professional advice to the deceased’s relatives and friends in a sensitive and efficient manner.

We have many years experience in dealing with the winding up of deceased estates (called executries or executry administration in Scotland) and we will therefore guide you through the whole procedure from beginning to end with the minimum amount of fuss or distress.

We have compiled this guide in an effort to assist you in understanding the procedures and complexities of winding up an estate during a time when the bereaved can often feel bewildered by events and paperwork required.

 

Before we can make a start or even discuss a deceased’s affairs or Will (if applicable) with anyone we need to see the deceased’s death certificate.  This will usually have been provided to the next-of-kin by a hospital or funeral undertakers.

If the deceased left a Will it will dictate how the deceased wished to his or her estate to be dealt with.  The Will may also contain specific funeral instructions such as whether the deceased wished to be cremated or buried or whether he or she wished to be laid to rest or have his or  her ashes scattered in a particular place.  If the deceased had a valid Will in place at the time of death, the winding up of the estate is simpler and thus less costly in general.

To ascertain if the deceased held a Will, the next-of-kin should look through the deceased’s personal papers or contact the deceased’s solicitors or bank to make enquiries.  It is important to locate the original of the last Will of the deceased.

​

The method by which estates are wound up differs depending on whether the deceased either did or did not leave a valid Will.

​

When a person dies and leaves a valid Will this is known as a testate estate.  In making a Will, the deceased will have directed how his or her property is to be distributed after death.  He or she will also have chosen a person or persons to carry out the wishes contained in the Will.  Such persons are known as Executors and are usually family members or a solicitor.  

Executors have an important job as they must ensure the estate is distributed in the way the deceased intended.  The Executor(s) are required to sign important legal documentation in relation to the estate.  If executors are family members or are not skilled in executry administration they will likely need to be assisted in the winding up of an estate by a solicitor.  It is our job as solicitors to deal with the executry process and ensure all the legal requirements are met.

When a deceased does not have a Will the estate is known as an intestate estate.  The process of winding up an intestate estate as opposed to a testate estate is similar.  However there are marked differences in the procedure and appointment of an executor and of course, in who is to benefit from the estate.

​

The process of winding up an estate comprises obtaining the appointment of the executor and obtaining Confirmation to the estate from the Sheriff Court (the Scottish equivalent of probate), gathering estate assets, paying liabilities including any Inheritance Tax that maybe payable on the estate and finally delivering or transferring the surplus to estate beneficiaries.  This whole process can take some time to complete however we will ensure that any delays are kept to a minimum.

The service we provide includes:
Ascertaining and valuing all the assets in the estate.
Preparing documents for the estate and executor to be confirmed by the Court, a process called Confirmation in Scotland or Probate in England.
Gathering in the estate assets and paying debts.
Dealing with returns in relation to Inheritance tax.
Ensuring beneficiaries receive their legacies/inheritances including transfer of property or assets if applicable.
Preparing and finalising estate accounts for approval by executors.