Murray Beith Murray LLP is a leading Scottish private client law firm.
For 175 years we have specialised in meeting the legal, financial and administrative needs of individuals and families, family trusts, charities and private companies.
Dealing with shares in a public limited company (plc) when acting as an executor, is relatively straightforward. These types of shares are publicly traded and the value at the date of death can be readily ascertained. However, if the deceased held shares in a private limited company, dealing with these is not entirely straightforward.
Losing financial assets as you progress through your life might not be as unusual as it sounds. Gone are the days when people had a “job for life”, staying with the same company from leaving school through to retirement. People are much more mobile these days and are likely to not only move job but move house several times throughout their lives. For example, there may be pensions from different employers or savings or investments which have been lost through time because the institutions holding these were not notified of something as simple as a change of address.
When someone dies their executors must ascertain the value of the estate before an application for Confirmation (the Scottish equivalent of Probate) can be made. Confirmation is the document granted by the court which gives the executors the legal authority to ingather and distribute the deceased’s estate. Valuing an estate may appear to be straightforward but there are some important factors to consider.
Planning for the future means different things to different people. To some, it will be as straightforward as what to see at the cinema this week. To others, it might be planning for this year’s family holiday. Some might plan to move house this year and others might be planning to move job. However, what everyone should be thinking about is planning for the unexpected. There can be nothing more unexpected than an illness, accident or other incapacity that renders you unable to look after your own affairs. That’s where a Power of Attorney comes into play. But is there a “right age” to draw up a Power of Attorney?
“Death is not the end. There remains the litigation over the estate.” Over a century later, Ambrose Bierce’s words still ring true today if you have not taken steps during lifetime to plan for what happens to your estate on death. Without proper estate and tax planning, your loved ones may find themselves embroiled in lengthy and costly litigation, both in monetary terms and family relationships. It is, therefore, essential that you take professional advice to ensure the preservation of your assets, family harmony, and the ability to exert control over the ultimate destination of your estate.
