Executries

Whether or not there is a Will, when someone dies there are legal procedures to be followed in dealing with his or her estate. Where there is no Will, and therefore no Executor appointed, the Court will appoint an Executor, called an Executor Dative. An Executor appointed by a Will is known as an Executor Nominate. Both types of Executor have legal obligations in dealing with a deceased person's estate. It is important that they take advice from a solicitor.

The Executors' duties include:

In most cases applying to the local Sheriff Court for a grant of Confirmation.

Calculating and paying any Inheritance Tax on the estate.

Making sure any Income Tax matters up to the date of death are dealt with.

Ingathering all the estate and paying the deceased's funeral expenses and any debts. Should the Executor omit to do so he or she may be personally liable for such debts.

Settling any claims for legal rights. Under Scots Law, irrespective of the terms of any Will, a surviving spouse and children are entitled to legal rights out of the estate.

Settling the remainder of the estate by paying or transferring to the beneficiaries in terms of the will, or if there is no will, in terms of intestate succession.

Contact Aberdeen Office
Alan Innes	01224 428000
Barbara Manson	01224 428000
W. Guy Bentinck	01224 428000
Contact Inverurie Office
Paul Macallan	01467 672800
Contact Huntly Office
Patricia Bowie	01466 792101
Contact Keith Office
Alexander Mitchell	01542 882537
Contact Alford Office
Linda Purkis	019755 62939