Any lawyers about who know about probate in Scotland?

[Apolloanddaphne]

My DF died yesterday. He is survived by my DM. He has a will and it states that me, my DM and DB are all trustees. He has some money in his own name.

Talking to my DM about the will yesterday DH asked her about what lawyer she would be using and she said she wouldn't be using one. Her attitude was that his money was now hers and she would do what she wanted with it.

Technically she is correct I guess but I think the proper process will need to be followed and that a lawyer needs to be appointed to manage things correctly as his estate is more than the threshold for the small estates process.

Are there any lawyers around that can spell out the correct procedures for me so I can try to explain it to my DM? Thanks.

It may be different in Scotland (although not wildly different I suspect) but in England, a solicitor is not needed for probate, it can be done by the executors of the will (is that what trustees are in Scotland?). It is a form filling exercise, straight forward .especially where there is a surviving spouse who is beneficiary.

Are you and your DB also beneficiaries in the will - if so, the money is not solely your mums!

I suggest you search for probate (or Scottish equivalent) on the Scottish govt website. There should be a form to fill in, also an inheritance tax form (even if his estate is under the limit or all going to your mum) and you send those to probate office along with the will and a fee.

In England, The executors (trustees) then have to sign an oath, either at a probate office or with a solicitor, after which you get probate certificates to allow you to release the money.

Your mum can access joint money without probate but any individual accounts or shares need a probate certificate, apart from accounts with small sums in.

Sorry to hear you're going through this.

I'm not a lawyer, but I've just finished handling my mother's estate in Scotland. The process is called Confirmation rather than Probate. There is a quite a useful guide on the Scottish courts website: www.scotcourts.gov.uk/taking-action/dealing-with-a-deceased%27s-estate-in-scotland

I have done quite a bit myself but the forms were complicated and we had a solicitor to handle the formal process with the courts. I wouldn't try to do that bit without expert help. And I'm really sure you can't just say "it's all mine" and avoid the issue!

But there is also no need to rush into it. We didn't even see the solicitor until after Mum's funeral. Hopefully as things being to sink in, you'll all be able to work out how to handle it.

Thanks @AChickenCalledDaal That is very helpful. That is what i understood too. The link you posted is very helpful. I have printed some bits out to give to my DM.

Glad to have been of help.

The other thing that might be worth mentioning is I found it very variable how different banks etc approach things. One bank happily handed over several thousand pounds to me, without a certificate of confirmation, as soon as I'd shown Mum's deaths certificate and proved I was an executor. But another organisation refused to release a £50 dividend until we'd been through the full legal process. So even if your Dad's estate seems simple, there might still be a need to get some help with gathering everything in.

What are you trustees of?
Have you seen the will?
If you have been left something in the will you will be beneficiaries.
A trust is something different.

You need to see the will. As pp says trustees of what? You might be executors rather than trustees, so responsible for getting confirmation.

A trustee is a person who takes responsibility for managing money or assets that have been set aside in a trust for the benefit of someone else. As a trustee, you must use the money or assets in the trust only for the beneficiary's benefit.
Have you been left in charge of a trust of money?

It’s possible that there is a liferent (in England we call this a life interest trust) involved here. The process of ingathering (what they call getting in the estate in Scotland) is not hugely dissimilar to England, but the Court process is a bit different. I would use a solicitor and in my experience Scottish solicitors do things quite quickly and cheaply, even the good ones in Edinburgh. You need one specialising in private client or executries. I am not a Scottish lawyer, but my DF was executor of an estate in Scotland.

I've seen the will. It says trustees. I believe that is the same as the executor of the will. My argument to my DM is we need a lawyer to read it and help us with the best way to proceed. She thinks she can just remove his money from the various places he has it and do as she pleases with it.

She thinks she can just remove his money from the various places he has it and do as she pleases with it.

If there is money held is in his sole name, she'll discover quite quickly that she can't do this. Because the banks won't let her have it. When you both feel ready, the thing to do may be to go with her to the bank to register his death and they will talk her through how the process works from their point of view. When you're feeling up to it, you can also phone and ask to speak to the bank's Bereavement Team - they are generally very sympathetic and helpful.

Money that's in joint names is easier - the bank will just transfer the account into her sole name. However, our Solicitor also included joint accounts on the inventory of Mum's estate that was submitted to the Court for Confirmation. So they can't just be ignored.

With regard to the trustee/executor thing - my Mum's will was drawn up under Scottish law and apointed me and my Dad as "Executors and Trustees". The "Trustee" bit was in relation to a trust that was to be set up to hold part of the estate.

". The "Trustee" bit was in relation to a trust that was to be set up to hold part of the estate.
This op. The trustee and executor can be the same person but a trustee is a very different thing and I’d be checking what the trust is for as she can’t remove money from it without consent of the other trustees.

Thanks for all the advice. My DM has now agreed that we should seek legal advice on the will.

That’s good news op, hopefully that will put your mind at rest

Inheritance laws in Scotland differ significantly from English. For example, regardless of whether or not there's a will it isn't possible to exclude children of the deceased from their legal inheritance. I think this link covers quite a few areas & will give you some idea of what the solicitor will be looking at. www.unlockthelaw.co.uk/wills-and-succession-in-scotland.html