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How can a solicitor help me in my role as an executor?

Dealing with the death of a loved one can cause complicated issues that you will need to consider when dealing with the distribution of their assets. If the deceased has passed away with a Will in place, this will detail how to administer their property, money and possessions. Within this, the deceased will have appointed certain executors to act as their representatives in administering the Will. 

Contact us today if you have been appointed as an executor and feel anxious about the process. To speak to one of our professional and personal private client solicitors, contact us on 01555 662576 or fill out our online enquiry form. 

Writing a Will and appointing executors

There is no set requirement for who can write a Will. Nevertheless, writing your own Will is inherently risky as it must comply with certain criteria. 

What must be included in a Will?

For a Will to be legally binding in Scotland, it must be in writing, signed by the Will maker on every page and signed in front of a witness. Whilst writing the Will, the Will maker will appoint executors to administer the estate. Commonly two executors will be appointed. 

It is vital to appoint executors carefully as their role involves a great deal of work and responsibility.  

What does an executor do?

First and foremost, the executor is issued with the responsibility of administering the estate in line with the deceased’s last wishes and any specific laws. If there is a written Will, there will be an appointed executor. Alternatively, if there is no Will, an application requires to be made to the Sheriff court to appoint an executor to administer the deceased’s estate. 

The executor will be tasked with looking at funeral arrangements, investigating the estate, dealing with Confirmation, and gathering and distributing the estate. Whilst these duties may seem daunting, the executor can appoint a solicitor as an agent to help administer the estate. 

Why should an executor instruct a solicitor?

Appointing a solicitor as an agent to aid the executor is very common. This is due to the knowledge and expertise that a solicitor can provide during the administration of the estate. As mentioned, difficult issues may arise surrounding inheritance tax or moveable and immoveable property. Hence, it can prove extremely useful to have a solicitor on hand to help.

Whilst it can be tempting for cost-saving purposes for friends and family to deal with an estate, the risk of letting a non-legal professional handle the estate can be even more costly. This can be costly both in a financial sense and in terms of family relationships. Appointing a solicitor to handle the administration can mitigate this risk as they understand the law and provide an impartial distribution of the estate. 

How can a solicitor help the executor of an estate?

Appointing a solicitor as an agent acting on your behalf in the executory process has several benefits. Our experienced private client team ensures we provide

• effective Wills through different generations through our high level of expertise and legal knowledge, guaranteeing delivery of solutions in assisting you in the process
• a professional service with a personal touch, providing impartial advice where family tensions may arise
• professional advice that can prevent you from making detrimental mistakes. The administration of the estate is not an easy task, some will be more complicated than others, such as being insolvent or including property in a different country

Contact our Wills & Estates Solicitors in Lanark, Hamilton, Motherwell & Wishaw

If you are apprehensive about your role as an executor or wish to appoint one of our experienced private client solicitors as an executor, get in contact with us today. Please contact us on 01555 662576 or fill in our online contact form to find out how we can assis