The death of a loved one is an emotional and often stressful time, making it vitally important to manage legal and financial affairs effectively. At d and h law we can guide you through the whole process, giving you peace of mind.
How long does it take to wind up an estate?
Timing will be dependent on the circumstances of each case. Factors may include if there is a Will in place when the person dies, if property needs to be sold, legal rights claims and the tax aspects. In order to ensure all assets and liabilities are identified and dealt with accordingly, an estate should not be wound up within 6 months from the date of death.
What is probate or confirmation?
Probate is a document that is issued by the court. It confirms the appointment or an executor and their right to administer an estate.
However, ‘Probate’ is an English term. In Scotland, this document is called ‘Confirmation’.
Organisations such as banks, building societies and insurance providers often refer to Probate in their correspondence, even when the deceased estate is in Scotland.
What counts as an estate?
Your estate is all assets within your possession at the time of death. This could include property, bank accounts, insurance policies, bonds, and cars. Personal effects such as jewellery and personalised number plates, electrical items such as mobile phones and tablets, and the furnishings at any properties are also included.
What is the difference between testate and intestate?
A testate estate is an estate where the deceased has left a valid Will directing how all or part of their estate is to be disposed of. However, if there is no will, or the will is invalid, an intestate estate (an ‘intestacy’) arises.
In the case of an intestacy, the law will direct who should benefit.
How can d and h help?
Our executry team of specialists can provide friendly, effective and sympathetic advice on all aspects of your loved one's affairs following their death, whether a Will has been made or not.