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What happens in Scotland if you die without leaving a will?

3 replies

tefal · 01/11/2011 19:19

My father in law died recently leaving 2 sons, ie my DH and his brother.

He didn't leave a will.

He lived in a Council House and was in receipt of both housing and council tax benefit.

He received his state pension and has £12,000 in the bank.

I don't want to instruct a Solicitor to deal with this - can anyone point me in the right direction so we can deal with ourselves?

The funeral account needs to be settled, along with final gas,electricity and phone bill. That's it. Thanks for any help you can give.

OP posts:
prh47bridge · 01/11/2011 20:01

Assuming he was not married at the time he died the estate should be split equally between the two sons after any debts have been settled.

STIDW · 01/11/2011 21:42

Someone needs to check if the bank requires a Grant of Confirmation before it releases any funds. When there is no will and the assets are worth more than £5k the next of kin may need to apply to the sheriff Clerk?s office to be appointed Executor-datives (male) or Executrix-datives (female). The Grant of Confirmation then issued by the Court allows them as the appointed Executor to deal with all the property and other assets of the person who has died.

tefal · 02/11/2011 07:01

thank you both. I was hoping to get away without confirmation but will ask the bank.

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