Fixed Fee Probate Scotland

Dying intestate in Scotland


As with English law, if the deceased did not make out a Will prior to their passing, then it is up to the legal system to allocate someone to deal with any outstanding debts and assets, to ensure that they are paid and distributed according to Scottish probate law.

Firstly, the Sheriff Court will nominate an individual, who will then act as the deceased’s representative for the purposes of probate.  This person is most likely to be the surviving spouse/partner or next of kin.

The first task of the representative – known in Scotland as the executor-dative, must be to apply for a bond of caution from an insurance company, which will then be sent to the Sheriff Court.  This bond simply states that the executor-dative is bound to distribute the deceased’s estate, according to Scottish law.

Beneficiares Rights

Prior rights are given to any surviving spouse or partner and apply to any property worth up to £325,000, assets valued up to £24,000 and cash up to £75,000.

After this has been distributed, a third of any further remaining assets, known as “legal rights”, can also be claimed by the surviving spouse/civil partner, with the other two thirds given to any surviving children.  If there are no children, the spouse/civil partner can claim up to half of the assets.

Finally, any assets remaining after all bills and taxes have been paid, are shared out among the deceased’s next of kin.

Fixed Fee Probate in Scotland

IWC are pleased to announce that we are now able to offer fixed fee services for probate in Scotland. Our partners are able to provide a complete service for confirmation and estate administration. This includes –
 
Making an inventory of assets
Valuation of the Estate
Completing the application for confirmation
Completing the Inheritance tax return
Correspondence with beneficiaries
Informing all Relevant Persons – banks and financial institutions, passport office, local authorities, the Inland Revenue, utility and service providers etc.
Distributing the copies of the grant of confirmation
Collecting monies owed to the estate
Paying creditors
Distributing assets to the beneficiaries
 
Scotland has a separate judicial system to the rest of the UK and probate law is upheld by the Scottish Courts. This means there are considerable differences between applying for probate or letters of administration in Scotland and applying in England, Wales and Northern Ireland. 
Probate terminology and processes are different, for example, in Scotland probate is called confirmation and the personal representative applies for a grant of confirmation.  Different forms are required too. Here’s a brief overview.
 
Small Estates
 
If the deceased's assets are valued at £36000 or less, this is classed as a small estate. The Small Estates Act allows you to obtain probate in a simplified way through The Sheriff Court. It is not necessary to have legal assistance, you must contact the office local to where the deceased was domiciled to make an appointment. However, once confirmation has been issued, you will have to wind up the estate so may prefer to have a professional undertake this on your behalf. 

Large Estates
 
If the estate is valued over £36000 the executor must go through the full application process for a grant of confirmation. When there is no will, the next of kin must apply to the Sheriff Court to be appointed as Executor-dative. A bond of caution from an insurance company will normally be required. This guarantees you will administer the estate in accordance with The Succession Act 1964. In cases of intestacy, professional legal advice is strongly recommended. 
 
The first step is to make a complete inventory of the deceased’s assets. This will enable you to fill out the probate application form C1. If the estate is excepted (no inheritance tax is owed), you must also fill out form C5, along with required documentation and forward to the Courts. If the estate exceeds the nil rate band of £325,000, you will need to complete an inheritance tax return. You must complete form IHT400 where you will give HMRC a full account of the estate.

Contact us

x

Call us for a quote, instant help or impartial advice on freephone
0800 612 6105 0800 calls are free - 0333 are local rate - Just click to Call



Or complete the form below
Name
Email
Tel
Message