Coping with the death of a family member or loved one is a stressful and upsetting time. You can be sure that we will handle matters sensitively and with the utmost care, ensuring that the legalities relating to winding up an estate are dealt with promptly, efficiently and with the minimum upheaval of those who are grieving.
How we can help you
For many people, drafting a will isn’t something they properly consider. Yet we can’t stress how important careful planning is. Even with the best intentions, disputes can occur. By ensuring everything is in order (including drafting and updating your Will) you can help to avoid legal issues for your loved ones. Whether you're facing uncertainties as a beneficiary or are an executer under a disputed Will, we can help.
Ranked in the Legal 500, our team of Executry lawyers and paralegals specialise exclusively in estate administration. We advise on all aspects of winding up estates, including international concerns, complex liabilities, insolvency, and heritage assets. We can also help with applications for conditional exemption and negotiating offers in lieu.
What to do when you are the Executor of a Will
Leading with compassion and understanding, we’ll ensure you comply with your duties to the deceased and beneficiaries. Providing clear, practical advice throughout, we can research the estate for you and facilitate a swift Confirmation (Probate) from the Court. Moreover, our services are flexible—whether it's initial advice or full administrative duties, you decide how we act on your behalf.
We can help you:
- Organise the funeral
- Research and administer the estate
- Ensure Confirmation is granted as quickly as possible
- Negotiate with HMRC
- Ensure all required reporting is accurate
- Minimise tax
- Organise the division of investments among beneficiaries
- Distribute personal effects and house contents among beneficiaries
- Organise house clearances
- Sell the deceased’s house if required
What to do when someone dies in Scotland and you live overseas
If you or your family live or own assets overseas, navigating the tax implications can be complex. Our team is highly experienced with all the tax requirements of estate wind-ups. They’ll ensure you meet your responsibilities, and offer you peace of mind.
We can assist with:
- Your UK tax and domicile status
- Your exposure to UK income tax, inheritance tax and capital gains tax, along with your obligations to report to HM Revenue & Customs
- How best to structure your affairs and hold your UK assets
- Your Will and Power of Attorney. When advised, we'll draft a Scottish Will and Power of Attorney for you. We’ll also ensure this aligns with any foreign Will(s) and Powers of Attorney you have or need to set up.
- The administration of your estate after death
If you’re based abroad, we can consult with you via telephone or video conferencing at a time of your choosing. Having acted for many international clients, we’re well-versed in the tax, succession, and practical issues you need help with.
Businesses and partnerships
When an estate involves businesses or farming partnerships, property reliefs can be tricky to navigate. We can offer you specialised advice on these issues. Our team regularly helps clients with their executory administration, often negotiating with HMRC over claims for Agricultural Property Relief, Business Property Relief, and claims for gifts out of excess income.
