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Wills & Powers of Attorney

Following the funeral of a loved one, the family must deal with everything that has been left behind and the legal implications relating to winding up the deceased’s estate.

The death of a relative is both a distressing and stressful experience for family members. The process of winding up a deceased’s estate is known as executry in Scotland (sometimes referred to as probate in England) and those responsible for carrying it out are known as the executors.

There are two different types of Estates:

Testate Estate

When a person dies and leaves a Will this is known as a testate estate. The Will contains information as to how the deceased’s property is to be distributed after their death, and who the Executors are (the person or people chosen to carry out the wishes contained in the Will). McDougall McQueen will help the Executor wind up the estate and ensure all the legal requirements are fulfilled.

Intestate Estate

If however a person dies and no Will has been left, this is known as an intestate estate. This can make the process more complex and lengthy as we will need to apply to the court for an executor to be appointed before the estate can be wound up.

This can be a difficult time, and our team of specialist lawyers are here to help you make this process as quick and smooth as possible, ensuring executors meet all their legal obligations, as well as helping value the deceased’s assets, assist with calculating and paying inheritance tax and advise on managing any disputes that can arise between the deceased’s relatives over inheritance.

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