Executries

Distributing estates with care and compassion.

We approach the task of winding up an estate following a bereavement with great care and compassion. It can be a very difficult time for all concerned and while we focus on ensuring the deceased’s wishes are carried out accurately and efficiently, we are also sympathetic to the sensitivities of the bereaved.

Many of our clients have been working with us for generations so we often share the sense of loss and try, wherever possible, to make the process as streamlined and stress-free as possible.  There are a number of areas to consider – from fulfilling the wishes expressed in the deceased’s Will and dealing with tax obligations to HM Revenue & Customs, to arranging the payment of any debts and transferring of assets to beneficiaries. We have experience of administering estates of all sizes, including those where no Will was in place, and our solicitors and support teams are on hand to make the process as efficient and smooth as possible.

Get in touch

To find out more about our Executry service, or to arrange an appointment with one of our experts, call us on 0141 227 2200 or use the contact form below.

Frequently Asked Questions

We put your needs at the heart of everything we do

Bank have advised I need Confirmation to obtain funds – what is this?

Confirmation is the Scottish term for Probate. This is the document which is prepared and lodged with the relevant Sheriff Court in Scotland to enable the funds to be obtained from financial institutions and/or allow a house to be sold/transferred.

How long does it take to obtain Confirmation?

This depends on the number of assets in an estate. As a rough guide it normally takes a couple of months to ingather information, complete the Confirmation documentation, sign and then submit to the Court.  Once submitted to the Court they normally take a couple of weeks to issue Confirmation.

What happens if I die without a Will?

A Petition requires to be lodged with the relevant Sheriff Court in Scotland to appoint a surviving spouse/civil partner/family member as executor in the estate.  If a surviving spouse/civil partner is appointed then a Bond of Caution (insurance policy) is not required.  If the executor is not a surviving spouse/civil partner then a Bond of Caution will require to be obtained to enable Confirmation to be granted by the Sheriff Court.  If the estate is valued under £36,000 a Bond of Caution will not be required.

Who is entitled to monies from my estate?

If you have a left a Will then your estate will be distributed in terms of your Will (unless of course an estranged child wishes to claim their legal rights.  If there is no Will then the estate is distributed per the Laws of Intestacy.   I.e.

Prior Rights – first claim on Estate Surviving Spouse or Civil Partner

  • House up to value of £473,000
  • Furniture up to value of £29,000
  • Due from Net Estate if there are issue £50,000
  • Due from Net estate if no issue £29,000

Legal rights

  • Surviving Spouse/Civil Partner – one-half of net moveable estate if no issue,  one-third if issue.
  • Children – one-half of the net moveable estate if no spouse, one-third if spouse.

Balance of estate (which may contain Heritable and Moveable estate). Children take the whole and if no children distributed among family members

What are the current Inheritance Tax Bands/Residence Nil Rate Band?

Inheritance Tax Band Threshold

  • From 6 April 2018 to 5 April 2019 onwards – £325,000

Residence Nil Rate Band Threshold

  • From 6 April 2018 to 5 April 2019 – £125,000
  • From 6 April 2019 to 5 April 2020 – £150,000
  • From 6 April 2020 to 5 April 2021 – £175,000
Need further advice?

If you have a question that isn’t covered in our FAQ’s or need further advice, please use the contact form below to send your request. A member of the team will be in touch with you shortly to respond to your query.

Trusted legal advice for over 30 years

Find out what our clients think about us

Clark Boyle & Co were extremely professional from start to finish. We were on quite a tight schedule to complete our home purchase however Bev who we dealt with did everything she could to enable everything to go through on time. A+++ service. Thank you for everything.

My sister-in-law purchased a flat in Glasgow about a year ago. She used Clark Boyle for the conveyancing and was happy with the service provided. So, when we decided in November to buy a flat in Glasgow we thought we'd go with them too. It was a good decision; they were friendly, fast and efficient. We were especially impressed with our lawyer, a partner in the firm, who's local knowledge and keen negotiating skills impressed and indeed saved us a substantial sum of money and the deal was completed before Christmas - thanks Graham. We're happy to recommend Clark Boyle and we'd use them again in the future.

Anne Green, of Clark Boyle, made my house purchase effortless. I would use this firm again.

Thanks so much Irene, you have been fantastic all the way through, thanks for going above and beyond 🙂

Dear Elaine, Thank you so much for having dealt with the sale in such a professional manner.

Hi Teresa, I just wanted to say thanks so much for all of your assistance (and moral support!!) over the last few months, it’s been a long process but you definitely made less stressful. Your assistance is very much appreciated by us both.

Hi Irene, Thanks very much. A big thanks as well for all the help you have provided. I honestly wish you were involved in all the other buying/selling transactions we’ve been involved in over the last 6 months to get to this stage. You have simply been absolutely amazing to deal with. You have explained the process at all stages and answered all questions quickly and efficiently. You have provided all the guidance and help we have needed while keeping a professional but extremely friendly (and welcomed!!!) attitude. Again, a massive thanks from Gillian and I for all you have done. I wish you all the best in your future.

Dear Susan, Please accept my thanks for your professionalism and perseverance in finally and successfully concluding the sale of my mothers' property today. This despite the intransigence, unreasonable demands and apparent inability of the purchasing client solicitor to properly communicate or engage with you throughout the whole selling process.

Latest News

All the latest news on legal advice from Clark Boyle Solicitors

Let's work together

Get in touch for expert legal and financial advice