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0800 612 6105

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0203 985 9554

Scottish Probate

Probate is not the same the world over, and even within the United Kingdom, rules and regulations differ. Scotland is a perfect example of this – Scottish probate is different to that of the rest of the UK, and different steps must be taken to ensure that it is done correctly.

In Scotland, an executor is still required to accept responsibility for the deceased’s estate. They are known as executor-nominates, and they must be confirmed in their role by the Scottish Courts before they can start any administrative work. If the executive-nominate does not wish to carry out the role (or if there is no will), then an application must be made to the Sheriff Court for them to appoint what is known as an executor-dative.

If the deceased’s estate is subject to intestacy (ie, there is no will), then an additional application must be made to the Sheriff Court in order to disperse the estate before any part of it can be awarded. If anything is left after all of the estate has been handed out, it must go to the procurator fiscal.

In intestacy cases, the executor-dative must also obtain a bond of caution. This comes from an insurance company, and guarantees that the executor-dative will split the estate according to intestacy rules. This must be sent to the Sheriff Court along with the application, and the C1 inventory form.

The Succession (Scotland) Act 1964 lays out exactly who should inherit in cases of an estate in intestacy. It starts with anyone who has prior rights to the estate, such as a spouse or civil partner. They are able to inherit the property (up a £325,000), possessions (up to £24,000), and cash (up to £75,000 if there are no children, and up to £42,000 if there are).

Once funeral costs and debts (and prior rights) have been paid out, if there is anything left then others can be entitled to a share. These include, but are not limited to, children, grandchildren, siblings, and parents.

We can assist with any aspect of Scottish probate; just contact us for advice.

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