When a person dies, someone has to deal with the affairs. This is called "administering the estate".If the person who has died leaves a Will:-
If the person who dies leaves a Will, it will usually name one or more people to act as the Executors of the Will - that is, to administer their estate. If you are the named Executor of a Will you may need to apply for Confirmation of the Estate. Confirmation is an official document which the executors may need to administer the estate. It is issued by the local court.If there is no Will:-
If there is no Will (known as dying intestate) the process is more complicated. An Executry Petition is required to be made to the local court to appoint an executor and a bond of caution is also required to be obtained from an insurance company. The Executor is the person who has the legal right to deal with the affairs of the person who has died. The Executor can only be someone entitled to a share in the estate, usually a close relative of the person who has died, if there is one. There may be more than one person who has an equal right to do this.Some more legal terms you may come across:-
Executors - This means someone appointed by the deceased or by the court to conduct the business of the Executry and ensure all of the deceased's wishes are carried out and all estate ingathered and outstanding bills etc settled.
When is Confirmation is not needed? - Confirmation is not always needed, for example, is the person who died:-
However, some financial organisations may require Confirmation before giving you access even to a small amount.
When is Confirmation needed? - Usually, Confirmation will be needed when the person who has died left:-
How to obtain Confirmation - Call us during usual office hours on 01382 539313 (or our out of hours contact for new executry clients only is by contacting our dedicated new-Executry hotline which is live after 5pm weekdays and all weekend on 01382 520082, please leave your name, address and contact telephone number and we will retrun your call as soon as we can, usually within the hour) and arrange a suitable time to meet with one of our Executry team. We can arrange to meet you in the comfort of your own home if you wish. Your first meeting is free and you are under no obligation to proceed further.
Dealing with the affairs of someone who has passed away can take a long time. It is not unusual for it to take up to a year, perhaps if things are not straightforward but we do try to process all executries as quickly as possible. Many organisations may be involved in the process, for example, banks, building societies, insurance companies and HMRC.
The estate cannot be dealt with until all claims to it have been received. Individuals have six months from the date of death to make claims against the estate.
Other things that may affect the time taken are:-
In line with our value for money policy on fees we always submit our Executry files to an independent auditor for feeing at the end of the Executry business, this ensures complete fairness for you as Executor and ensures that there is no scope for any overcharging etc.*
*The information contained is not legal advice and should not be treated as such or relied upon in any way whatsoever.*