A focus on Wills - What happens when there is no Will?

Grieving families can be faced with delays and uncertainty. In such circumstances, known as intestacy, the Succession (Scotland) Act 1964, as amended, governs who can apply to be appointed as executor and who is entitled to inherit.  This may not be as the deceased would have wished.  (For simplicity we will assume no IHT is due).

1. If the estate falls within the “Small Estates” category (under £36,000), the Sheriff Clerk can assist.
2. If the estate is greater than £36,000, an executor-dative must be appointed by the court to deal with the estate.
3. Valuations of the estate are obtained and an Inventory of the estate is prepared.
4. A Bond of Caution will be required (except where a spouse or civil partner has the right to the whole estate). This is a type of insurance policy protecting the interests of creditors and beneficiaries.
5. The Inventory of the estate and Bond are sent to the Sheriff Court to obtain Confirmation which grants the executor authority to gather in the estate.
6. The estate can then be paid out.

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