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Executor Of A Will


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My Uncle passed recently and I'm Executor of his Will - I've only just began to look into it and it seems both fairly straightforward and also pretty complicated at the same time

Obviously the first place to ask for advice is P&B - anyone done it recently?

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9 minutes ago, Ned Nederlander said:

My Uncle passed recently and I'm Executor of his Will - I've only just began to look into it and it seems both fairly straightforward and also pretty complicated at the same time

Obviously the first place to ask for advice is P&B - anyone done it recently?

There’s a myth that Executors have significant leeway but in truth there’s a legal obligation to follow the terms of the will as closely as possible.  If the estate is under a certain amount (not sure what it is) you don’t need to get a solicitor involved but otherwise you need a solicitor to get court approval for you to be confirmed as the Executor.

Good luck.

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You need to establish firstly if you Uncle''s estate is classed as a Small or Large Estate.

I was Executor for one of my brothers which was a Small Estate (under £36,000) and I dealt with all the formalities with the Bank and the Sheriff Clerk then distributed the funds with my siblings. Took about 2 to 3 months

I was also Executor for my Mum's will which was a Large Estate and was dealt with by the family lawyer who liaised with me and didn't involve much on my part other than a couple of meetings with the lawyer. This took about 6 months to complete.

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15 minutes ago, Ned Nederlander said:

My Uncle passed recently and I'm Executor of his Will - I've only just began to look into it and it seems both fairly straightforward and also pretty complicated at the same time

Obviously the first place to ask for advice is P&B - anyone done it recently?

If the estate is fairly small, your best bet is to go to your local Sheriff Court where they will tell you how to go about getting Confirmation. I found them very helpful with my Aunts and my mother’s estates.

If your uncle owned his house then you’ll need a solicitor.

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15 minutes ago, JustOneCornetto said:

You need to establish firstly if you Uncle''s estate is classed as a Small or Large Estate.

I was Executor for one of my brothers which was a Small Estate (under £36,000) and I dealt with all the formalities with the Bank and the Sheriff Clerk then distributed the funds with my siblings. Took about 2 to 3 months

I was also Executor for my Mum's will which was a Large Estate and was dealt with by the family lawyer who liaised with me and didn't involve much on my part other than a couple of meetings with the lawyer. This took about 6 months to complete.

Thanks, that's helpful - My Uncle's is classed as a Large Estate (albiet only just), he has no property but leaves a cash sum - his will states that the cash should be split evenly between his nieces & nephews

I think it's quite straightforward and had considered not getting a lawyer - sounds like he'd take all the strain though - can you remember if he was expensive?

 

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32 minutes ago, Dawson Park Boy said:

If the estate is fairly small, your best bet is to go to your local Sheriff Court where they will tell you how to go about getting Confirmation. I found them very helpful with my Aunts and my mother’s estates.

If your uncle owned his house then you’ll need a solicitor.

This is one of the things that had been confusing me - I'd initially read up on applying for Probate without realising that up here it's Confirmation and is slightly different - I think phoning the Sheriff's Office will be my first step

Thanks.

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23 minutes ago, Ned Nederlander said:

Thanks, that's helpful - My Uncle's is classed as a Large Estate (albiet only just), he has no property but leaves a cash sum - his will states that the cash should be split evenly between his nieces & nephews

I think it's quite straightforward and had considered not getting a lawyer - sounds like he'd take all the strain though - can you remember if he was expensive?

 

What cut are you taking?

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39 minutes ago, Ned Nederlander said:

Thanks, that's helpful - My Uncle's is classed as a Large Estate (albiet only just), he has no property but leaves a cash sum - his will states that the cash should be split evenly between his nieces & nephews

I think it's quite straightforward and had considered not getting a lawyer - sounds like he'd take all the strain though - can you remember if he was expensive?

 

The lawyer had to do quite a bit of work as my Mum had a house, several bank accounts and insurance policies and he was involved in making amendments to the Will when my Mum went into Strathcarron Hospice. Think the total fees were between £3K and £4K.

If you Uncle's estate is just over the small estate limit bear in mind that any funeral expenses can be deducted from the valuation which might just take it below the limit.

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5 minutes ago, JustOneCornetto said:

 

If you Uncle's estate is just over the small estate limit bear in mind that any funeral expenses can be deducted from the valuation which might just take it below the limit.

Steak pie, a good buffet and a free bar should cover it. 

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2 hours ago, Ned Nederlander said:

Thanks, that's helpful - My Uncle's is classed as a Large Estate (albiet only just), he has no property but leaves a cash sum - his will states that the cash should be split evenly between his nieces & nephews

I think it's quite straightforward and had considered not getting a lawyer - sounds like he'd take all the strain though - can you remember if he was expensive?

 

Thoughts and prayers etc.

You couldn't see your way clear to forward me a small advance, could you?

Edited by Sergeant Wilson
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4 hours ago, Ned Nederlander said:

My Uncle passed recently and I'm Executor of his Will - I've only just began to look into it and it seems both fairly straightforward and also pretty complicated at the same time

Obviously the first place to ask for advice is P&B - anyone done it recently?

My Dad's will took ages to sort out and cost loads including funeral, solicitors etc. So the first thing my Mum did was write hefty cheques to me and my 2 sisters from their joint account before everything was frozen for probate. Not strictly legal but nobody made a fuss, and it made things much easier. My Dad's solicitor took over after that, I presume he was Executor but I can't remember.

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Not all the advice given above has been accurate.       

Suggest that you check out the Scottish Courts website:-   Dealing With a Deceased's Estate in Scotland (scotcourts.gov.uk)    Loads of useful information there.

Your local Sheriff Clerk can probably give you the names of a few local firms that regularly deal with applications for confirmation.  Then shop around for the best deal. 

   

 

 

 

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@Ned Nederlander you should also check if your uncle had a SIPP (lots of people do these days) because the SIPP is not included in the Will nor is it part of the estate but should be covered by an ‘expression of wish’ instruction.

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19 hours ago, Granny Danger said:

@Ned Nederlander you should also check if your uncle had a SIPP (lots of people do these days) because the SIPP is not included in the Will nor is it part of the estate but should be covered by an ‘expression of wish’ instruction.

My brother-in-law works for a pension company and has been dealing with that side of things.

Thanks though, I don't think I'd have chased it up if he hadn't asked.

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