Preparing a Will is one of the easiest ways you can assist your family in winding up your estate after your death. If you have written a will and named the person you want to act as your executor, he/she must apply to the courts for a process known as “Confirmation”. This is a Scottish term – in England and Wales the process would be known as probate. Confirmation is the legal term for the formal authority granted by the Sheriff Court to your executor to proceed to take possession of and distribute the estate of the deceased.
Once Confirmation has been granted, your executor can receive and make payments from your estate and begin gathering your assets together in order that they be transferred to the people or organisations named in your Will (or if there is no Will according to the applicable legal rules of succession).
It is not compulsory to have legal assistance in winding up an estate in Scotland, but it can help a great deal. There are a number of steps and processes that need to be followed which would be complicated at the best of times – dealing with both legalities and grief is a difficult ask of anybody.
At Wallace Quinn we can help bereaved families wind up an estate in an orderly, efficient and dignified way. Contact us for more information.