Our expert team deliver a sensitive, effective service aimed at making the executry process run as smoothly as possible.
Executry services in Scotland
At Watermans Legal, we can advise on the legal steps that need to be taken after death. Winding up the estate of a deceased means following a formal process to then allow the distribution of financial and property assets.
The initial stages are for relatives to register the death and to organise a funeral. The role of a solicitor is to assess the asset and liability position, a key point being the completion of the confirmation and tax forms. Thereafter, the estate can be ingathered and distributed to the beneficiaries.
There are a number of questions that we are often asked by clients. Below is a list of the most common questions and points to consider.
Did the person have a Will and what other key documents are required?
A Will is often held at the law firm which had been acting for the deceased. A Will contains important information, such as who will be appointed as Executor and naming the beneficiaries.
The solicitor who is winding up the estate will need the death certificate, title deeds of property, bank statements, life policies, and any other evidence of assets and debts. The aim is to prepare a summary of the estate value at the date of death.
What happens if there is no Will?
This is referred to as the individual dying “intestate.” This means that the deceased’s estate will be distributed according to the law of intestate succession in Scotland. There are also further administrative steps that need to be taken where there is no Will and your solicitor can guide you through these steps. This will include applying to the court for the appointment of an executor and taking out insurance cover (a Bond of Caution).
What is an Executor and what do they do?
An Executor is a person who is responsible for administering the deceased’s estate. The executor will appoint a solicitor to act.
Winding up a deceased person’s estate includes Ingathering information regarding the deceased’s estate, such as bank balances, house valuation, insurance policy valuation, shareholding valuation, completion of the confirmation form and IHT400 (where applicable), obtaining certificates of confirmation, ingathering funds and selling property, repaying any debts and paying inheritance tax, and also signing important documents. Lastly, the executor’s most important task is to distribute the estate to the beneficiaries.
What is Confirmation?
The Confirmation Form is a legal document that is submitted to the Commissary Office at the local Sheriff Court. This document contains an inventory of the deceased’s estate and also sets out if any inheritance tax is payable. Confirmation is needed before the executor can uplift funds and sell a property.
How long does it take to wind up an estate?
At least six months. There is a process to follow. Each stage takes time, for example, after submitting the confirmation form there is a turnaround time of at least six weeks. A property can be marketed in advance of securing confirmation, but the sale cannot proceed until the certificate of confirmation is issued to the executor.
Will the estate need to pay Inheritance Tax?
Inheritance Tax (IHT) is sometimes payable on a deceased’s estate. This will depend on the value of the estate as at the date of death. Depending on the circumstances, some lifetime gifts may also need to be included in an IHT calculation (the 7-year rule applies).
Currently, those who live and work in the UK for tax purposes have a “Nil Rate Band” allowance of £325,000. On the basis that an individual had not given away gifts during a certain period prior to their death, as long as their estate was under £325,000, there would be no tax payable.
Where parties are married or in a civil partnership, they may be able to make use of the “Transferable Nil Rate Band”. Transferable Nil Rate Band arises where one spouse or civil partner dies and their estate does not use up all of their Nil Rate Band allowances.
Lastly, a tax exemption relating to the residential property known as the “Residence Nil Rate Band” increased from £150,000 to £175,000 on April 6, 2020.
The above exemptions can amount, in certain circumstances, to the first £1M of an estate to be free of inheritance tax.
Wills & Executries
Call our Executry Team today on 0131 467 5566 or get in touch with us via our online enquiry form below.