The death of a close relative or friend can be a very stressful and confusing time. At a moment when you are grieving you may also have to take responsibility for making important arrangements. In this kind of difficult situation a solicitor can provide the reliable experience that you need to help you make the right decisions and take charge of the situation.

When someone dies, there are immediate issues to deal with, such as obtaining a Death Certificate and arranging the funeral. It can be hard to know where to begin. Depending on the circumstances of the death, there could be a delay in obtaining a death certificate and the funeral arrangements will have to wait. Whatever the circumstances, we can help you with all the practical arrangements, including contacting the Undertakers and arranging for the Death Certificate to be issued by the Registrar’s Office.

As well as these immediate issues, someone will have to deal with the estate, sorting out the money and other assets of the person who has died. The procedure for this depends on whether or not there is a will.

If there is a will
The will usually appoints at least two executors, often including the family solicitor. If you are appointed an executor you have the responsibility for dealing with the estate, following the instructions in the will. As an executor, it is always wise to consult a solicitor about how to carry out your duties properly. Once the proceeds of the estate are available, they will be divided up among the parties entitled to receive money in terms of the will.

If there is no will
If there is no will it may be necessary to apply to the sheriff court to appoint an executor. You will have to instruct a solicitor to prepare the necessary documentation for the court to appoint executors. The estate will then be dealt with following the rules of Intestate Succession. These include rules for dividing the estate among the surviving relatives

If you are an executor
The executors must prepare an inventory of all of the assets of the estate (bank accounts, shares, property, valuable possessions etc.) This is normally done by a solicitor. Once agreed and signed by the executors, the inventory will be lodged in court and the executors will have the right and title to deal with the assets of the estate. Sometimes valuable items will have to be valued at this point, because of inheritance tax. The assets of the estate are then “uplifted” – accounts are closed, shares and property are sold and the proceeds distributed in accordance with the will or under the rules of Intestate Succession.

How much will it cost?
The fee for winding up an estate will depend on how complicated it is and how long the work takes. We will always discuss this cost at the outset and advise you of our hourly rate. You may choose to do a lot of the executors work yourself, but it is sensible to discuss it with us first.