• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
We have moved! Find out more and read our Covid-19 update.
Edinburgh 0131 202 7516
Glasgow 0141 404 0436
  • Home
  • Blog
  • About Us
  • Testimonials
  • Contact Us
  • Fees

Gibson Kerr

Personal, Family Law & Property

Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

We will call you back

  • Divorce & Separation
    • Divorce in Scotland
    • Separation Agreements
    • International Divorce
    • Cohabitation Rights Scotland
    • Dissolution of Civil Partnerships in Scotland
    • How Can I Resolve My Divorce Dispute?
    • Fixed Fee Family Law Promotion
  • Prenups & Cohabitation
    • Cohabitation Agreements
    • Civil Partnership Agreements
    • Prenuptial Agreements
    • Postnuptial Agreements
  • Child Law
    • Child Residence & Contact Scotland
    • International Relocation of Children
    • Adoption
    • Child Abduction
    • Dispute Resolution Options
    • Hague Convention
    • Education Law
  • Wills & Estate Planning
    • Intestacy
    • Wills & Will Writing
    • Executries
    • Living Wills
    • Unmarried Couples’ Rights on Death
    • Claims on Inheritance by a “Common Law Spouse” (Cohabiting Partner)
    • Probate in Scotland
    • Power of Attorney
    • Guardianship Orders
    • Intervention Orders
    • Estate Planning
    • Cost of Care
    • Trusts
    • Foreign Estates with Assets in Scotland
    • What Happens When Someone Dies in Scotland?
    • Fixed Fee for Wills and Power of Attorney
  • Financial & Tax
    • Financial & Tax Planning
    • Inheritance Tax
    • Insurance Advice
    • Settlement Agreements
  • Residential Property
    • Properties for Sale
    • Buying Property
    • Selling Property
    • Videos: Buying and Selling Property
    • Joint Purchaser Agreements
    • Equity Release
    • Mortgage Advice
    • LBTT / Stamp Duty Scotland
    • Property Transfers
    • Home Reports
    • How to Present Your Property for Sale
    • Boundary Disputes Solicitors
Blog

Do you need a solicitor when a loved one dies?

8th September 2021 by Katie Marshall Posted Under: Executries

Do you need a solicitor when someone dies?

Dealing with legal matters when a loved one dies can be complicated. It is common to appoint a solicitor to deal with a deceased person’s estate. Doing so will relieve you of some stress at what is already an emotional and stressful time. But is it always absolutely necessary?

The first thing you should do is find out who is entitled to act as executor of the estate. To do this you should check whether the deceased left a will.

If the deceased had a will

If the deceased left a will, then the person named as the executor should complete the administration of the estate.

The executor may not need the help of a solicitor if the estate is quite small and the person that passed away did not have many assets. Sometimes asset holders (like banks and pension providers) will be happy to pay out the funds they hold to the executor without the need for a Grant of Confirmation. You may see Confirmation referred to as “Probate” in various documents. Probate is the English equivalent of Confirmation. The financial institutions will most likely ask for a copy of the will, the death certificate and the executor’s identification documents. The executor can then gather in the money and, after six months, distribute it to the beneficiaries of the will.

The process becomes more complicated when Confirmation is required on an estate. Often banks and building societies will request a Certificate of Confirmation before they release the funds they hold. This is likely to be the case where they hold large sums of money. Confirmation is always required where the deceased solely owned a property.

What needs to be done to obtain Confirmation?

When Confirmation is required, you will need to complete a full inventory of the deceased person’s assets. This means compiling a list of the values of everything the deceased owned at the date of their death. You will also need to complete and submit application forms to the sheriff court before asset holders will release money.

Where Confirmation is required, while the executor can do this process themselves, most people choose to appoint a solicitor to help simplify the process. This can be particularly beneficial if complicated Inheritance Tax forms also have to be completed, or income tax or capital gains tax has to be paid on any of the assets. A solicitor can also prepare an executry account, to account for the funds into and out of the estate and the proposed final distribution among the beneficiaries. Having the account approved by the beneficiaries can help protect the executor from future claims.

Often, you may be able to complete a lot of the work yourself. For example, collecting the date of death values of the various assets and compiling the inventory. You could complete the majority of this work yourself before handing it over to a solicitor to complete the forms for Confirmation and Inheritance Tax. This would help to keep legal costs down.

If the deceased did not have a will

Where the value of the estate is under £36,000 and the deceased did not have a will, it will likely be possible to deal with the estate yourself with the assistance of the sheriff court.

For estates with a value over £36,000, it becomes more complicated. There are additional steps that need to be followed. In this situation, it can be beneficial to appoint a solicitor to assist you and guide you through the process. The court will need to appoint an executor. You may then need to arrange a Bond of Caution which is an insurance policy that protects the estate. After that, it may be necessary to apply for Confirmation. Inheritance Tax forms may also be required, depending on the value of the estate and who the beneficiaries are.

What are the benefits of appointing a solicitor when a loved one dies?

While it is not always necessary to appoint a solicitor, there are a number of benefits as a solicitor can:

  • ensure you are following all necessary steps of the estate administration process correctly;
  • explain the duties and responsibilities of an executor to you and ensure you are not putting yourself at risk of claims by beneficiaries;
  • prepare the necessary Confirmation application forms on behalf of the executor, deal with tax, and prepare an executry account.

In addition, appointing a solicitor when a loved one dies to help administer the estate can relieve some of the stress at what is an already emotional and stressful time.

Contact us

We would be happy to help you decide whether you need to appoint a solicitor following the death of a loved one. Please contact our Personal Law team on 0131 225 7558 to speak to one of our Personal Law Solicitors.


DISCLAIMER

The content of this page is for information only. It is not intended to be construed as legal advice and should not be treated as a substitute for specific advice. Gibson Kerr Ltd accepts no responsibility for the content of any third party website to which this webpage refers. Gibson Kerr Ltd is regulated by the Law Society of Scotland.

Related

What's the difference between a living will and a power of attorney

What is the difference between a living will and a lasting power of attorney?

29th June 2022

Karen Wylie Accredited Mediator

Family Law experts push to become mediation market leader

28th April 2022

New Office Underpins Gibson Kerr Growth Ambitions

New Office Underpins Gibson Kerr Growth Ambitions

27th January 2022

Primary Sidebar

Blog Categories

  • Careers in Law
  • Child Law
  • Divorce
  • Education Law
  • Elderly Care
  • Executries
  • Family Law
  • Financial & Tax
  • Guardianship
  • News
  • Personal Law
  • Power of Attorney
  • Prenuptial and Cohabitation Agreements
  • Property
  • Property Transfers
  • Separation
  • Trusts
  • Uncategorised
  • Wills

Latest posts

What is the difference between a living will and a lasting power of attorney?

29th June 2022

A week in the life of a law firm

21st June 2022

Five Jurisdictions Conference

7th June 2022

Footer

Edinburgh 0131 202 7516
Glasgow 0141 404 0436

Make an enquiry

We will call you back

Locations

Edinburgh

Family Law, Personal Law
&
Property Law

6 Randolph Crescent
Edinburgh
EH3 7TH

t: 0131 202 7516
f: 0131 557 5215

e: edinburgh@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

Glasgow

Personal Law & Family Law

9 George Square
Glasgow
G2 1QQ

t: 0141 404 0436

e: glasgow@gibsonkerr.co.uk

Open: 8:30-17:00, Monday - Friday

  • Family Law
  • Personal Law
  • Property Law
  • Home
  • Blog
  • Disclaimer
  • Cookie Policy
  • Privacy Policy
  • Legal Notice

© 2022 Gibson Kerr · Site by Kate Amann

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent. See our cookie policy.
Cookie SettingsReject AllAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-advertisement1 yearSet by the GDPR Cookie Consent plugin, this cookie is used to record the user consent for the cookies in the "Advertisement" category .
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
CookieLawInfoConsent1 yearRecords the default button state of the corresponding category & the status of CCPA. It works only in coordination with the primary cookie.
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga2 yearsThe _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognize unique visitors.
_gat_gtag_UA_110715042_11 minuteSet by Google to distinguish users.
_gcl_au3 monthsProvided by Google Tag Manager to experiment advertisement efficiency of websites using their services.
_gid1 dayInstalled by Google Analytics, _gid cookie stores information on how visitors use a website, while also creating an analytics report of the website's performance. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously.
CONSENT2 yearsYouTube sets this cookie via embedded youtube-videos and registers anonymous statistical data.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
CookieDurationDescription
_fbp3 monthsThis cookie is set by Facebook to display advertisements when either on Facebook or on a digital platform powered by Facebook advertising, after visiting the website.
fr3 monthsFacebook sets this cookie to show relevant advertisements to users by tracking user behaviour across the web, on sites that have Facebook pixel or Facebook social plugin.
IDE1 year 24 daysGoogle DoubleClick IDE cookies are used to store information about how the user uses the website to present them with relevant ads and according to the user profile.
test_cookie15 minutesThe test_cookie is set by doubleclick.net and is used to determine if the user's browser supports cookies.
VISITOR_INFO1_LIVE5 months 27 daysA cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface.
YSCsessionYSC cookie is set by Youtube and is used to track the views of embedded videos on Youtube pages.
yt-remote-connected-devicesneverYouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
yt-remote-device-idneverYouTube sets this cookie to store the video preferences of the user using embedded YouTube video.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
Powered by CookieYes Logo