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Disputing a Will
Grant of Confirmation
Sheriff Court Offices
0845 218 0152
Disputed Grant Of Confirmation Of Executors In Scotland
Being appointed as an executor of a will is a task which carries great responsibility. The law surrounding probate, wills and the duties of an executor can be complex, and even when a will is not contested there can still be problems surrounding whether the will is valid or not. The first step is to apply for a grant of confirmation of executors which is the equivalent of the grant of probate obtained from the Probate Registry in England and Wales.
Application For Grant Of Confirmation Of Executor:
An executor could be anyone from a solicitor to a family friend, but regardless of who the deceased has chosen to carry out these final duties for them, that person must still make a formal application to the Sheriff Court, in order that they may be able to deal with the estate in the proper manner. If the executor is not a professional solicitor then they will often appoint one to act for them to ensure that all the correct steps are taken to comply both with legal requirements and with the wishes of the deceased. It is possible at this stage to make application to the court to object to the appointment by way of a contested or disputed grant of confirmation of executors thereby, if successful, precluding certain undesirable individuals from acting in the liquidation and distribution of the assets.
Valuation Of Net Assets:
The application for a grant of confirmation of executors is often a difficult process, since it is essential to include details of every asset owned by the deceased, which may require certain items such as property and jewellery to be professionally valued. All debts left behind by the deceased must also be listed, so that a net value of the estate can be arrived at. The Sheriff Court will then consider all this documentation before issuing a grant of confirmation of executor and the executor will also need to swear as to the accuracy of all the information submitted. Depending on what the final net value of the estate is deemed to be, inheritance tax may also be payable.
Liquidation Of Assets:
Once a grant of confirmation of executor has been issued, the executor (or the person they have asked to act for them) can then take on the task of dealing with the assets that have been left in the will. This can be a simple task if the assets are uncomplicated, but it more often involves liquidating assets and essentially turning the whole estate into cash before ensuring that all due debts and bills are paid. The executor will then ensure that the remaining sum is split as instructed in the will left by the deceased. If the executor is dishonest or incompetant an application to the court to object to the continued appointment again by way of a contested or disputed grant of confirmation of executors can be made.
As you can see the role of an executor is an extremely important and trustworthy one, and should not be taken on lightly. This is why most people seek professional advice to help them deal with the responsibilities of the role and to ensure that all the right steps are taken at the right time.
Contested Will Or Grant:
If you are unhappy with the way that an executor is handling the administration of a will or if that executor is dishonest or incompetent our panel solicitors can take legal action on your behalf in a court of law. Just contact us by email, by form or by our helpline and a panel solicitor will speak to you about your potential case. Our panel solicitors use the no win no fee scheme in contentious matters.