What happens if there is a will? - The will usually appoints one or more executors, known as the "executors-nominate".
- It is the responsibility of the executors (as the only persons legally entitled) to deal with the estate of the deceased in accordance with the instructions contained in the will.
- Executors should take advice from either a solicitor or a bank about the steps that should be taken.
- If the deceased left a will, but failed to appoint executors (or all the executors died before the deceased), the person who inherits the remainder of the estate after all the debts, taxes (e.g., Inheritance Tax) and legacies have been paid (i.e., the residue) is the executor.
- If it is a small estate, the local Sheriff Court will assist with getting Confirmation (i.e, a legal document giving the executors authority to receive money and other property belonging to a deceased person from other parties such as a bank and to administer it and distribute it according to the law).
- The executor should not distribute any of the estate to those entitled to it (beneficiaries) until a period of 6 months has passed since the date of the death. This is to allow persons or companies with claim on the estate to make their claim known. After that period, the executor may distribute the estate without having regard to any possible claims which have not been intimated.
- If any creditor or beneficiary presses for payment during the 6 month period after the death, a solicitor should be consulted.
- Should a person wish to challenge the will, he/she should consult his/her solicitor.
- Whatever the will states, the surviving spouse or children can, if they wish, claim "legal rights" to a proportion of the "moveable estate" (i.e., money, shares, cars, furniture and jewellery).
- Should a person wish to claim "legal rights", he/she should inform the executor.
- Once it has been established that there is a will, it is necessary to go the Sheriff Clerk's office with the following documents.
- The will.
- Personal details of the deceased and their family.
- A full list of the estate and its value as it stood on the date of the death including any interest, dividends or bonuses to be added to any:
- bank accounts.
- stocks and shares.
- insurance policies.
- The Death Certificate
- The Sheriff Clerk will complete the necessary forms. Providing no further enquiries are necessary, Confirmation is generally issued within a few days.
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