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Executries

Dealing with bereavement can be a traumatic experience and it can be difficult to cope with the formalities and paperwork which can increase the stress and upset at such an emotional time.

Our experienced and approachable team understands the need for closure and can take care of all matters arising from the death of a family member or friend in a sympathetic and efficient manner. We have experience in dealing with Estates where the deceased passed away or had assets abroad.

Who will be dealing with your case:

We have a fully qualified and Law Society registered Paralegal who is specialised in Executry and Wills, supported by our solicitors.

Executor’s Duties

If you have been appointed as an Executor of the deceased’s Estate under the Will, you may be unsure as to your and – any fellow Executors’ duties and responsibilities.

The Executor’s first responsibility is to ingather all the assets of the deceased, i.e. “The Estate” as soon as practicable. However, before the Executors can begin to wind up the Estate,  usually Confirmation will require to be obtained from the Sheriff Court to establish the Executor’s legal authority to deal with and administer the Estate.

If no Will has been left, it may also be necessary to request by petition for the Sheriff Court to appoint an Executor. This will normally have to be someone related to the deceased, and who is entitled to inherit a share of the Estate. The Court may also require an Executry Bond of Caution  which is a type of insurance policy.

Once Confirmation (known as “Probate” in England) has been obtained and the Estate ingathered, the next duty of the Executor will be to pay any debts of the deceased, including Inheritance Tax. Consideration can then be given to paying Legal Rights claims and any legacies to beneficiaries specified in the Will.

The final duty of the Executors is to pay out the “residue” of the Estate, i.e. what is left after debts, claims and legacies are met, to those people who are entitled to share in it i.e. the “residuary beneficiaries”.

In all these duties the Executors can be assisted by the professional advisers they choose to appoint. In most cases this will be a firm of solicitors.

We believe that we have the expertise and understanding to assist you as much as you require at this time, and we aim to make the administration process as straightforward and painless as possible for you.

Wilson Ward LLP is here to help you to understand your role and to assist you as much as you need through the Executry procedures.


Ready to talk? Call 0131 467 7550 or drop us an email.