Lost someone close to you? We can help

You don’t need to enlist professional help when someone dies but an experienced solicitor can greatly assist in dealing with the deceased’s affairs promptly, properly and with the minimum of fuss.

Obviously when someone close to you passes away you will be upset and you may find it hard to know what to do. Here are a few points to guide you.

Firstly you will need to ascertain whether there is a Will. You should check through the deceased’s papers or contact their solicitor to see if they hold a Will. If there is a Will then the person named as executor in the Will can give instructions about the estate.  If there is no Will a Petition will often require to be lodged in court to have someone, usually the closest relative, appointed as executor. A solicitor will be able to advise you.

Once you have clarified the position regarding the Will you should arrange to meet with your solicitor. You should take to that meeting  the Death Certificate, the original Will if available, title deeds to the deceased’s property, again if available, together with any paperwork that confirms or gives a clue to what assets and debts the deceased may have had.

Thereafter, in most cases you will need to apply to court for what is called Confirmation. This is necessary if there is heritable property in the estate or if there are bank accounts and investments of around more than £10,000-£15,000 held with a single asset holder. To get Confirmation your solicitor has to prepare a detailed list of everything the deceased owned with values as at date of death. This list of assets is then signed by the executor together with the deceased’s Will (if there is one) and HMRC papers. These documents will then be lodged at Court in order to obtain Confirmation.

If there is no Will then a solicitor can apply to court to have an executor appointed.  This is usually a spouse or child but anyone entitled to the estate can be named. If you need Confirmation and there is no Will then it is necessary to get a Bond of Caution (except if the spouse is inheriting the whole estate) which is a type of insurance policy to protect the estate from any wrong doings by the executor.  You may find it difficult to get a Bond of Caution unless a solicitor is dealing with that for you.

Once Confirmation has been granted by Court this can be used to sell or transfer title to any heritable property owned by the deceased and it will enable banks, building societies, insurance companies etc to release monies.

I can provide practical, sympathetic legal advice and support. If I can help please contact Lauren Hill on 0141 552 3422 or by email lauren@mitchells-roberton.co.uk

This entry was posted in Legal and tagged , , by Lauren Hill. Bookmark the permalink.

About Lauren Hill

Lauren joined Mitchells Roberton in January 2015. She graduated from Glasgow University with an Honours degree in law in 2008 and thereafter completed her Diploma in Legal Practice at the Graduate School of Law in 2009. Before starting her traineeship in September 2011 with Wright Johnston & Mackenzie Lauren went travelling visiting amongst other countries, India, Nepal, China, Chile, Argentina and Bolivia experiencing the wonders of The Great Wall of China, the Amazon ,and Machu Picchu. Yet Millport still remains her favourite holiday destination of all. Her traineeship was a general one and when she left Wright Johnston & Mackenzie in 2013 she joined Friels Solicitors in Uddingston as a newly qualified assistant specialising in conveyancing and private client work. Here at Mitchells Roberton Lauren is part of our private client department preparing Wills, Powers of Attorney , handling the administration of estates and administering trusts. She has an easy manner and is friendly and approachable . She enjoys getting to know her clients and is committed to helping them with any legal issues they may have. Lauren loves to read, walk and sample Indian cuisine.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s