How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10085
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now
A new question is answered every 9 seconds

I wonder if anyone can help me, my grandmother dies yesterday

This answer was rated:

I wonder if anyone can help me, my grandmother dies yesterday and we need me to act as the executor, I understand that this has to be done legally but I wish to do it without using a Solicitior.
I am in Scotland

 

Hi there,

 

Thanks for your enquiry.

 

I am sorry to hear of your loss. Could you please let me know if your Grandmother lived in Scotland or England? I trust she lived in Scotland, but please confirm.

 

Kind regards

AL

Customer: replied 3 years ago.

Yes, she was living in Scotland

Thank you for your question.

I am sorry for your loss. I am a solicitor in Scotland and will help you with this.

Can you tell me:

1. Did your grandmother leave a will?
2. What other family is there?
3. What estate did she leave and what value?
4. Did she own a house?

This will enable me to tell you what the procedures are and whether you will have to use a solicitor.
Customer: replied 3 years ago.

Hi there,


Thank you for your help.


She didn't leave a will.


The only other family is my father, her only child and I am her only grandchild.


The only estate is £45, 000b although I am still owed £19, 450 of that as the solicitor we were using to sell her house for care home fees didn't inform me that I was not libal for her debts so I took it a loan to covert them.


Her house was sold ten days ago and the care home fees paid.

Thanks for your response. Either your father can apply to the court to be your grandmother's executor as son and sole beneficiary or you can apply as executor creditor as you are owed money.

In either case a simple petition to the sheriff court is done.

However, because there is no will, whoever is appointed executor requires to get a Bond of Caution to lodge with the application for Confirmation (probate). A Bond of Caution is an insurance policy to ensure that the executor winds up the estate in accordance with the law. The court won't grant Confirmation to an estate which is intestate (ie no will) without a Bond of Caution.

The insurance company will only issue the Bond if a solicitor winds up the estate. So you will need to get a solicitor to deal with the estate even if you don't want a solicitor.

In other words the insurance company won't insure the executor unless the executor instructs a solicitor.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10085
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you