We are based in Tillicoultry and we have extensive experience of domestic, residential and commercial conveyancing throughout the Stirlingshire & Clackmannanshire areas.
If a loved one has died and without leaving a will, it can be difficult to know what to do or where to turn. The law mandates how the deceased’s property (their estate) is to be divided on death. Often, this will not accord with the deceased's precise wishes which is why we always recommend that our clients write a will. However, if a loved one has died without a will, we can help.
At watersrule, we help our clients deal with loved one’s estates throughout Clackmannanshire from our offices in Tillicoultry. Below is a brief guide to the law of ‘intestate succession’, which applies when a person dies without leaving a Will. When a person has died leaving a Will in place, their property is distributed according to their wishes as expressed in the Will, subject to the laws of succession which give certain inalienable rights to any surviving spouse (or civil partner) and to any children.
Wills also usually appoint a person to act as executor of the Will, and often seek to appoint guardians of young children. However, many people die without a Will in place.
As such, there will be no named executors and no instruction on how property is to be divided. This is a complex and detailed area of law and we recommend instructing an experienced intestacy solicitor to guide you through the process.
The law grants certain rights to spouses and children. These are as follows:
These are granted to the spouse or civil partner. After any debts owed by the deceased are paid, the surviving spouse inherits the deceased’s residence up to a certain value (called the ‘dwellinghouse’), and all furniture fixtures and fittings therein, again up to a certain value. The bereft spouse also inherits a limited amount of cash any remaining money. The amount of cash differs depending on whether or not there are any children involved. These ‘prior rights’ as the name suggests take precedence over other claims on the estate. Sometimes these rights will exhaust the estate, however, if anything is left then the ‘legal rights’ of the spouse and any children come into play.
A surviving spouse or civil partner and any children are then entitled to ‘legal rights’. These are taken out of the ‘moveable estate’, i.e. all of the estate excluding ‘heritable property’ (land and buildings.) Moveable property includes cash, investments, cars & vehicles, furniture, jewellery and other items. The surviving spouse is entitled to one-third of the moveable estate if there are children or grandchildren or one-half if there are children or grandchildren. Each child has an equal claim in the moveable estate. This equal claim is shared equally among that child’s descendants if the child is already dead.
The law in this area has not kept pace with changes in society. Nowadays, many people cohabit without ever formalising their relationship through marriage. This means, in practice, that the consequences of a death can be devastating for those left behind. However, since 2006, the Family Law (Scotland) Act 2005 has allowed cohabitees to apply to the court for financial provision when their partner dies. This adds a difficult and stressful dimension to the experience of losing a loved one. Further, if there is an existing spouse or civil partner from whom the deceased is separated, they may take precedence over the cohabitee. If you were cohabiting and your partner has died, contact us to find out your exact legal position.If there is anything left in the estate after prior rights and legal rights have been satisfied, the remainder of the estate is divided according to the following hierarchy. If none from one category remain alive, the following category are entitled to inherit.
This is a complex structure and the above is a précis of the law, not a full guide. If you would like more information, contact us now.
If you have lost a loved one, watersrule can help deal with the legalities. Losing a loved one is never easy. We know this, which is why our specialst executry solicitorsare here to do all we can to help.
If the deceased left a Will, then usually this will appoint a person or persons (perhaps even a firm of executry solicitors) to act as executor(s) of their will – executors are the people responsible for bringing the deceased’s affairs to an orderly conclusion.
If there was no Will, we can help with the process of winding up the estate – this is known as ‘intestate succession’ and the property is distributed according to the laws of inheritance.
In most cases, before you can wind up a loved one’s affairs, you must obtain ‘Confirmation’. This is a legal document from the local Sheriff court which grants authority to the executor to administer the deceased’s estate including uplifting money from bank accounts, closing said accounts, transferring or selling shares, liquidating assets, selling or transferring property, dealing with tax, pensions, life insurance policies and paying bequests as well as many any other actions which are necessary to bring the deceased’s affairs to a conclusion.
There is no lower limit for Confirmation but generally, it is only necessary where the deceased’s estate exceeds £30,000. It is always required or if it includes any land or a house. However, in most cases, banks, building societies and other organisation will only deal with executors who have been obtained Confirmation.
In order to be granted Confirmation by the court, the executor (the person or persons named in the will as responsible for the estate) must provide a list of all of the deceased’s property (called an Inventory) to the court. This will include land & buildings (heritable property) and shares and other assets (moveable property) as well as a list of the deceased's debts.
This includes all property, even items which have already been distributed to beneficiaries and property which is located outside of Scotland.
Confirmation is the Scottish equivalent of "Probate" and "Letters of Administration". However, the procedure of applying for Confirmation is quite different, and the laws of succession differ between Scotland and England.
At watersrule, we understand that this is a very difficult time, and that the deceased’s relatives will want a speedy resolution to the process of winding up an estate. Even the most straightforward estate usually takes at least six months to complete. Dealing with the formalities of a legal process is difficult at the best of times. Let watersrule’s executry solicitors in Tillicoultry, Clackmannanshire, Plean, Cowie, Alloa or the surrounding areas in Scotland guide you through the process to ensure a swift resolution.
For most of our lives, we are able to manage our own affairs. However, there are occasions when we will require the assistance of another person to manage our affairs. The law allows us to put in place something called 'Powers of Attorney' which allows others to manage aspects of our lives. If you require assistance with your Power of Attorney, our specialist wills lawyers can help. Get in touch today.
Whether through illness, injury or simply old age, many people lose the ability to dictate their own affairs. When this happens, it can be difficult for loved ones to run your affairs in your interests. Putting in place a Power of Attorney allows them to do this. A Power of Attorney is a legal document which grants authority to manage our affairs to a loved one. Since these can only be put in place while you have the mental capacity to do so, you should act as soon as possible.
There are three types of Power of Attorney recognised in Scotland:
Generally used in cases of temporary absence from the country
Allows management of financial & property related decisions.
Allows the making of decisions relating to care, welfare and medical treatment. This last one only become active when the capacity to make our own decisions is lost. It is common to make a combined Continuing and Welfare Power of Attorney.
Power of Attorney can be revoked at any time while you have the mental capacity to do so. Like an insurance policy, a Power of Attorney is something we hope we never need. However it pays to have one in place in case the worst should happen. We can help draw up any type of Power of Attorney in in Tillicoultry, Clackmannanshire, Alloa, Stirling, Dollar, Dunblane, Bridge of Allan or the surrounding areas in Scotland.
To get in touch with our Power of Attorney Solicitors for further advice, please complete our online contact form or call us on 01259 753 330.
Setting up a Power of Attorney ensures that someone you trust can manage your affairs if you lose capacity due to illness, injury, or age-related conditions. Without one, your loved ones may face lengthy and costly court processes to gain decision-making authority.
In Scotland, there are two main types:
Continuing Power of Attorney: Covers financial and property matters, which can take effect immediately or only if you lose capacity.
Welfare Power of Attorney: Covers personal and health-related decisions, which only take effect if you lose capacity.
You can appoint anyone you trust, such as a family member, friend, or professional (e.g., a solicitor). It’s important to choose someone reliable and capable of managing your affairs responsibly.
While it’s possible to draft a Power of Attorney yourself, using a solicitor ensures the document is legally valid and tailored to your needs. Watersrule Solicitors can guide you through the process and handle all legal requirements.
Yes, you can amend or revoke your Power of Attorney at any time as long as you still have mental capacity. This must be done in writing and registered with the Office of the Public Guardian in Scotland.
If you don’t have a Power of Attorney and lose capacity, your loved ones may need to apply for a guardianship order through the courts to manage your affairs. This process can be time-consuming, expensive, and stressful.
Your solicitor will submit the completed document to the Office of the Public Guardian (Scotland) for registration. The document must be registered before it can be used by your attorney.
Yes, you can appoint multiple attorneys and specify whether they must act jointly (together) or independently when making decisions on your behalf.
The death of a loved one is never an easy time for families. We can help with the efficient winding-up of the estate of the person. Our Wills and Executry lawyers are based in Tillicoultry. If you are in Clackmannanshire, Alloa, Stirling, Dollar, Dunblane, Bridge of Allan or the surrounding areas in Scotland, we can advise on all aspects of the legal and practical issues in simple language for you.
Generally, the steps involved in the winding up of an estate are as follows:-
An executor is a person appointed in a will or by the court to manage the deceased’s estate. Their duties include gathering assets, paying debts and taxes, and distributing the remaining estate to beneficiaries.
If someone dies without a will (intestate), their estate is distributed according to Scotland’s intestacy laws. This means assets are allocated to surviving relatives in a specific order of priority, starting with spouses or civil partners and children.
While it’s possible to handle an estate yourself, executry law can be complex, especially for larger estates or those involving disputes. A solicitor ensures the process is carried out correctly, efficiently, and in compliance with legal requirements.
Confirmation is the legal document issued by the court that gives an executor authority to access and distribute the deceased’s assets. It’s required for most estates in Scotland, particularly when dealing with banks, property, or investments.
The timeframe depends on the complexity of the estate. Simple estates can be settled within a few months, while larger or contested estates may take over a year to administer.
Executors must ensure all outstanding taxes are paid before distributing the estate. This includes inheritance tax (if applicable), income tax on any earnings before death, and capital gains tax on certain assets.
Yes, disputes can occur over issues such as the validity of a will, interpretation of its terms, or disagreements among beneficiaries. A solicitor can help mediate and resolve these disputes efficiently.
If you are appointed as an executor but do not wish to take on the role, you can formally renounce your position. Another executor named in the will or appointed by the court will take over.
For further information on our legal services, please fill out our enquiry form here. Contact us today at our Dedicated Switchboard on 01786 235 235 or at our Tillicoultry office on 01259 753 330 to speak to expert property solicitors.