Manage the process of dealing with the estate of someone who has died with the help and support of our experienced and compassionate solicitors.
The death of someone close to you can be made even more challenging by the legal and administrative processes that go along with dealing with the estate. From registering the death to making funeral arrangements, there’s a lot to handle at what is already a difficult time.
If you have been appointed as an Executor, you have important duties and responsibilities to take care of, which may include obtaining Confirmation (known as Probate in England), submitting and settling inheritance tax with HMRC, tracing beneficiaries, distributing the estate and coping with any difficulties that may arise. It’s a lot to handle – which is why our solicitors are here to assist you with all aspects of an Executry.
All our solicitors pride themselves on being empathetic and approachable, and experienced in a variety of differing Executry situations. We’re here to help guide you through what we recognise can be a difficult time.
Book your meeting with Allingham & Co
Use this form to contact us and a member of our friendly team will be back in touch shortly to arrange a meeting at a time that suits you.
Prefer to talk to us directly?
You can talk to our team of solicitors at either our Colinton office by phoning 0131 447 9341 or our Buckstone office on 0131 445 5109. We’ll be happy to arrange a face-to-face meeting to discuss your needs.
Questions about Executries?
The loss of a loved one can be a challenging time. Reaching out for support in your duties as an Executor helps to ease the burden of the legal and administrative requirements after a death. Here, we’ve answered some of the most common questions clients ask about Executries - but please do get in touch to speak to us directly for bespoke advice for your situation.An Executor is a person (or people) who has been appointed, either by a Will or by the court if a Will is not in place, to ensure that the wishes of the deceased are carried out.
The Executor is often a family member or friend, but can sometimes be a solicitor if named in the Will. If there is no named Executor or if the named Executor(s) are deceased, an application must be made to the Sheriff Court to have the appropriate person appointed. Every estate needs an Executor.
An Executor is tasked with investigating, ingathering and distributing the estate to the beneficiaries and handling any associated legal or administrative duties that arise after a death.
In many cases, an estate will take between 6 months and a year to be completed. However, the exact time period depends largely on the size and complexity of the estate left behind by the deceased, and the nature of the assets.
For larger estates with, for example, multiple properties, foreign assets, inheritance tax to pay, or missing beneficiaries, or for any estate where unexpected difficulties arise along the way, it is likely to take longer.
Factors that increase the amount of time needed to complete the administration of an estate may include:
- Property that needs to be sold (our property solicitors can assist with this)
- Prior Rights and Legal Rights claims
- Intestate estate
- Inheritance tax issues
- Delays caused by third parties, such as HMRC, insurance companies, etc.
- Locating beneficiaries
- Joint assets or assets held overseas
Our experienced team of Executry solicitors will be able to advise on the complexity of the estate you are tasked with handling and provide a guideline as to how long it might be before the estate is settled.
If you have been named as an Executor in a Will but do not wish to act in that capacity, you can decline to act. If you are the only named Executor, you will first need to appoint another Executor and then resign.
If you have been appointed as an Executor Dative by the Sheriff Court, you cannot resign or appoint someone else in your place. You would need to apply to the Sheriff Court for a replacement executor to be appointed.
For support in your role as an Executor, our legal fees are £250 + VAT per hour. Our solicitors will be able to provide a guideline as to the complexity of the estate and the likely timelines following an initial meeting. Please get in touch to arrange a meeting with our Executry solicitors.
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