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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7492
Experience:  28 years as a practising solicitor.
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I wonder if anyone can help me, my grandmother dies yesterday

Resolved Question:

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
Submitted: 10 months ago.
Category: Scots Law
Expert:  Aston Lawyer replied 10 months ago.


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


Customer: replied 10 months ago.

Yes, she was living in Scotland

Expert:  JGM replied 10 months ago.
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 10 months 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.

Expert:  JGM replied 10 months ago.
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: 7492
Experience: 28 years as a practising solicitor.
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