Probate Solicitors, Scotland

Executry is the Scottish legal term for the process of administering a deceased person's estate. Probate is the equivalent process in England and Wales. While the end result is the same - assets are collected in, debts settled and the estate distributed - the legal procedures, terminology, forms and courts involved are different. In Scotland, the key step is obtaining confirmation from the Sheriff Court. In England, it is obtaining a grant of probate from the Probate Registry.

Not always. Confirmation is required where the estate includes assets held in the deceased's sole name that exceed the relevant threshold — currently £36,000. Some banks and other institutions will release smaller balances without a grant of confirmation. However, where there is any property, significant savings or investments, confirmation will almost always be required. Even for smaller estates, we advise seeking legal advice to ensure you are meeting all of your legal obligations as executor.

If someone dies without a will in Scotland, their estate is described as intestate and distributed in accordance with the Scottish rules of intestacy. These rules are unique to Scotland and often produce outcomes that families do not anticipate. Crucially, surviving spouses and children hold certain automatic rights (known as prior rights and legal rights) which can significantly affect how the estate is divided. An executor-dative must be appointed by the court before the estate can be administered. We strongly recommend seeking legal advice early in these situations.

The general rule under Scots law is that an estate should not be wound up within the first six months following the date of death - this is to allow time for creditors to come forward. A straightforward estate where there is a clear will, no property and no inheritance tax can often be fully administered within six to nine months. More complex estates, particularly those involving property, HMRC clearance or family disputes will take longer. We will give you a realistic timeframe at our initial meeting.

Legal rights are statutory rights that exist under Scots law and cannot be defeated by the terms of a Will. They include:

• Ius Relictae (the right of a surviving spouse to one-third or one-half of the deceased's moveable estate)
• Legitim (the right of children to one-third or one-half of the moveable estate).

These rights are distinct from and can interact in complex ways with what a person has been left under the Will. Understanding them is an important part of any Scottish executry, and we advise both executors and beneficiaries on their implications.