Winding Up an Estate in Scotland – Probate & Executry Legal Advice
The legal system in Scotland is distinct from that of England & Wales and there are different rules which apply when it comes to winding up an estate.
The first step in winding up an estate is to apply for legal permission to wind up the estate. This permission is known as ‘a grant of probate’ in England & Wales and as ‘grant of confirmation’ in Scotland. This application is made to the Sheriff court in the area in which the deceased last lived.
Once this permission is granted, you, as the executor (or one of the executors) can begin to wind up the deceased’s estate. Confirmation/probate allows you to receive and make payments from/to the deceased’s estate, to ‘in-gather’ the deceased’s assets and to distribute these according to the will.
Nowadays, many estates have an international dimension. As people become better-travelled, it’s more common for us to hold property and assets overseas. If the estate for which you are responsible includes assets or property overseas, or if you are winding up an estate which includes assets located in Scotland, we can help.