Wright & Co

5e Giles Street
Leith
Edinburgh
EH6 6DJ

Tel: 0131 467 5566
Fax: 0131 467 3344


info@propertywright.com
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Winding up an estate

What to do when someone dies

Wright & Co has over twenty years of professional experience at dealing with estates. The following is a list of the legal issues which must be dealt with when a person dies.

Registration of death

  • A death certificate will be issued at the time of registration.

Is there a will?

  • If there is a will, it will name an executor and set out the beneficiaries to the estate.
  • If there is no will, an application to court will be required to appoint an executor. A bond of caution (a kind of insurance policy) will need to be purchased.

Who inherits?

  • A will can set out the beneficiaries, but it cannot fully exclude certain family members (e.g. the deceased's spouse and children), who are protected by law from disinheritance.
  • If there is no will, intestacy rules set out the order of inheritance.

Assets and Liabilities

  • The value of every asset and liability at the date of death must be vouched.
  • Assets might include e.g. bank and savings accounts, home, shares, car and jewellery.
  • Liabilities might include a mortgage or other debts.

Confirmation and tax form

  • A Confirmation form must be completed. This includes an inventory of all the deceased's known assets and liabilities.
  • The Confirmation form is submitted to the Commissary Office to obtain a Certificate of Confirmation, which allows the executor to dispose of the estate e.g. signing paperwork for sale of house or shares.
  • A tax form must also be filled out based on the same inventory as the Confirmation form. This must be completed even if no inheritance tax is due.

Costs

Costs will depend on the size and complexity of the estate. We normally charge an hourly rate plus VAT. Please call us on 0131 467 5566 for a quotation.

See also: Preparing a Will