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.
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.
Trying to decide on which solicitor to appoint after a family member or close relative has died can be challenging. There are, however, some critical factors to consider when reaching a decision on which solicitor to appoint. Before making any appointment, make sure you have the authority, either as an executor named in the deceased’s Will or, if there is no Will, as a person entitled to be appointed by the courts as an executor. If you are not in this position, any decision you make or opinion you might express could be overruled by the valid Executor.
If you have been appointed an executor in a Will or are entitled to be appointed as executor, here are some things you might want to think about.
There is no specific need to choose a solicitor near to where the person lived. If the deceased did not make a Will an application will need to be made to the Sheriff Court covering the area where the deceased lived. The Inventory of Estate will also need to be presented to the same Sheriff Court. Whilst this suggests appointing a solicitor who practices near to where the deceased lived, there is no rule requiring you to do so. All court applications are submitted through the mail and do not have to be delivered in person.
Just as there is no need to use a solicitor in the area where the deceased lived, there is no requirement to use the solicitor who made the deceased’s Will. Many solicitors in Scotland will offer to hold clients’ Wills in safe custody, but even if they do hold the Will, there is no obligation to use their services.
If you are an executor in the Will of a deceased or are entitled to be appointed executor where there is no Will, you are free to choose whichever solicitor you wish to deal with the estate.
Perhaps the most important element is the experience, empathy and expertise of your solicitor of choice. This is especially important when dealing with a large estate where there are issues of Inheritance Tax (IHT) to address and whether there are any options for IHT mitigation.
Sometimes, estates can be complex. There may be estate abroad that needs to be dealt with. Alternatively, there may be concerns about the validity of the Will or the Will may face a challenge that must be repelled.
Clearly, it is important to have the estate wound up as efficiently as possible and a good executry lawyer will do this for you. Some general practitioners will deal with executry work whilst also working on other types of cases. In contrast, those lawyers who specialise exclusively on executry work can focus on executry work to the exclusion of other types of work.
Finally, it is most important to engage an executry solicitor who will communicate regularly and clearly with you and keep you fully informed throughout the progress of the executry. If you do need to discuss the best way of dealing with an estate and have questions you would like answered, we would be delighted to advise you of the best way forward. Please contact us to discuss your needs.
Partner, Andrew Paterson heads our Executry Group and has extensive experience with complex and high-value estates. Andrew is also a Partner within our Asset Protection Group. If this article has raised any questions or you would like to discuss your affairs, then please complete our contact form or call us on 0131 225 1200.
Murray Beith Murray was established in 1849, as advisors for generations of clients, committed to our values of integrity, expertise, and trust. This aim and these values continue to this day as does our commitment to be here when you need us.
