The death of a loved one
Our sympathetic and efficient executry service
Losing a loved one can of course be an emotional and difficult experience. Unfortunately however, with death there arises a great deal of practical and legal matters that will need attention, this during a time in which grieving for your loss will appear the only important thing to do.
For generations McArthur Stanton have been here to guide you through this difficult period. We are happy to provide any advice you need in relation to the necessary steps you must take when a loved one passes away. For example, we can help you through the process of registering the death and arranging the funeral.
Once these initial steps have been taken, our experienced solicitors can take from your shoulders the burden of handling all the financial and legal matters arising from the death, assisting in the proper and fair distribution of your loved one's estate.
Guidance through a complex, difficult time
To give you an idea about what we can do to assist you, at the outset of the executry, we will start by gathering up all the relevant information relating to assets, debts and family members to assist in the accurate completion of the inventory of the estate.
If your loved one did not make a Will, we will prepare and lodge in the Sheriff Court a writ for the appointment of an executor (in other words, the person or group of persons tasked with the gathering up and distribution of the estate), and if necessary, will obtain an Insurance Guarantee (known as a Bond of Caution).
To enable us to obtain the necessary 'Confirmation' of the estate, we will then obtain valuations of all the estate assets and details of all the liabilities. From this information, an inventory of the estate will be completed and submitted to the local Sheriff Court, in order that the executor's appointment can be confirmed and the Confirmation document issued.
If inheritance tax is payable (which only applies to some larger estates), arrangements will need to be made to provide funds to pay this, as Confirmation will not be granted until the estimated amount of inheritance tax has been paid.
Winding up the estate
Once Confirmation is obtained, the assets can then be collected and the liabilities, including the funeral account and any other bills, will be paid. Any legacies can then be paid. If the winding up of the estate is likely to take some time and there are funds available, a payment to account to the residuary beneficiaries may be made.
Thereafter, once all of the assets have been ingathered or transferred, and any liabilities paid (including where necessary, agreeing and paying the final balance of inheritance tax to the Capital Taxes Office), an account will be prepared detailing all the sums received and spent, and showing the balance to be divided among the residuary beneficiaries. This account will require to be approved by the executor before the final distribution can be made.
The important thing is not to worry
As we say, our firm has been handling executries for generations, and if you have been asked to deal with matters, our experienced solicitors can clear away and guide you through all the complexities that might arise following the death.
Just give us a call today on 01436 672212 or 01389 762266, and we will help ease your worries about what to do, leaving you the peace of mind to grieve for your loss.
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