At some point in our lives, most of us will unfortunately be faced with the need to deal with the loss of a loved one. As well as coping with grief, we may also be responsible for dealing with the estate of our family member or friend after their death. Navigating the paperwork and administration that inevitably arises following a death is never easy and can seem especially overwhelming at such an emotional time. Here are a few practical pieces of advice that may help in the early days.
Registering the death
An appointment should be arranged with the local Registrar in order to formally register the death. The Registrar will talk you through the registration process and let you know what paperwork they will need to see.
If possible, we recommend that you use the “Tell us Once” service, which automatically notifies various government departments of the deceased’s death in one go at the earliest opportunity.
You will be issued with an abbreviated death certificate automatically and you should also ask for a full extract death certificate from the Registrar. There is a small fee for this but we recommend that you do obtain one, as this is required by many organisations as part of the estate process.
Presence of a Will
It is important to establish whether the deceased left a Will. There may be a copy in the deceased’s home, or you can contact their solicitor.
If there is a Will, it will state who the Executors are. The nominated Executors will be the people who are legally responsible for the administration and distribution of the deceased’s estate in accordance with the terms of the Will.
If there is no Will, then an Executor will need to be appointed by the Court. The deceased’s estate would then be distributed according to the law of succession in Scotland.
Arranging the funeral
If possible, the Executors should establish whether the deceased left any formal instructions before making arrangements for the funeral. The Executors should also check whether the deceased had a funeral plan which covers some or all of the funeral costs. If there is no funeral plan then the deceased’s bank will usually allow for funds to be released from the deceased person’s account to pay for the funeral, if the Executors provide the bank with a copy of the death certificate and funeral invoice.
Executors’ Duties and Confirmation
The Executors are responsible for establishing what assets were held by the deceased at the date of death and if there are any debts or liabilities that need to be settled. A thorough investigation of the deceased’s estate is essential. To do that, the Executors will need to go through the deceased’s papers and records to find the relevant information, such as bank statements, insurance policies, share certificates, etc. The banks and other organisations will then need to be contacted to obtain the necessary information.
Once the Executors have gathered all the information about the deceased’s assets and debts, an inventory of the estate is prepared and forwarded to the local Sheriff Court with an application for Confirmation. Confirmation is required for all estates that include heritable property.
Confirmation is a legal document obtained from the Court giving the Executors authority to uplift any money or other property belonging to a deceased person from the holder (such as the bank), and to administer and distribute it. Once Confirmation has been granted, the Executors will be able to ingather the estate and then distribute the estate to the beneficiaries, in accordance with the Will (where there is one) or otherwise in accordance with succession law.
Timescales
It is difficult to determine how long the estate administration process will take to complete. It is usually dependent on whether the deceased left a Will and the size of the estate held. In cases where there is a Will and Confirmation is not required, then this would usually take a minimum of six months. In cases where Confirmation is required, or in more involved cases, it is likely to take a minimum of twelve to eighteen months to complete the administration of the estate.
How we can help and our Fees
At such a difficult time, it can be reassuring to have some professional guidance on hand. We can help with advice about all aspects of dealing with a death, including assisting with the initial investigations, preparing the inventory of the deceased’s estate (Confirmation form C1), applying for Confirmation, advising about Inheritance Tax, ingathering and distributing the estate and preparing the final accounts for approval by the Executors.
We know that clarity on costs is important to our clients. At the commencement of the estate administration, we issue Executors with our Terms of Business and Schedule of Charges, including an estimate of the likely final fee. In most cases, our fees for estate administration are charged based on the amount of time spent working on the estate, with reference to the hourly charging rates of the individual solicitors, or other professionals, working on the case. We also offer the option of a fixed fee on a case by case basis. In addition, for transparency, our estate administration files are usually audited by an independent Law Accountant.
For more information or advice on the estate administration and Confirmation process, please contact us. We will be delighted to help.