Death of adult child (Scotland)

heart_broken

My son died very suddenly before Christmas. He was a student studying abroad so it's taken until this week to arrange repatriation, funeral and cremation. We've managed to gather most of his belongings (which were abroad and scattered among friends here - he had a LOT of stuff). Now I really don't have a clue what happens next. Who becomes executor (and how) and who inherits? There is very little information out there on this type of scenario. There is a foreign death certificate and I gather this may be sufficient rather than having to apply for a British one.

He has an older sister and a father who I've been estranged from for over 18 years and who is causing me a lot of stress and anxiety on top of everything else. So far I've been treated as next of kin as far as the university and funeral directors are concerned.

I'm just grieving and utterly clueless.

bluebear36

OP, I'm very sorry for your loss. Have a look at the link below, hopefully it will be of some help

http://www.gov.scot/Publications/2006/04/12094440/0

Take care of yourself!

kremmen

I am sorry that you have to go through this alone.

I can't help with information on Scottish law but hopefully you can get some support here:
https://www.tcf.org.uk

Paul xx

littleredhen

sorry for your loss, do you have a good friend who can help you navigate through this?

Margot123

So sorry for your loss.

There are many helpful posts on here about applying for 'confirmation' (Probate) in Scotland. I hope they are of help to you.

When you are feeling up to it, give this page a look, there is some useful advice: https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceased%27s-estate-in-scotland

Yorkshireman99

heart_broken wrote: »

My son died very suddenly before Christmas. He was a student studying abroad so it's taken until this week to arrange repatriation, funeral and cremation. We've managed to gather most of his belongings (which were abroad and scattered among friends here - he had a LOT of stuff). Now I really don't have a clue what happens next. Who becomes executor (and how) and who inherits? There is very little information out there on this type of scenario. There is a foreign death certificate and I gather this may be sufficient rather than having to apply for a British one.

He has an older sister and a father who I've been estranged from for over 18 years and who is causing me a lot of stress and anxiety on top of everything else. So far I've been treated as next of kin as far as the university and funeral directors are concerned.

I'm just grieving and utterly clueless.

Next of kin has no real legal meaning and does not even have to be a relative. Assuming there is no will the estate gets divided equally between the parents and any siblings. You may need to apply for confirmation if there are monies to be dealt with. Check the links already given and come back if you need more advice.there does not seem to be any rush.

heart_broken

Thank you.

Thing are just pretty raw right now. I went to see CAB today and have an appointment with a lawyer later in the week. As someone already said, it looks like assets might be split equally between parents and his sister. I'll know more once I've spoken to the lawyer obviously. Can I make myself executor or does it have to be someone impartial? Things are just so terrible with his father that I'm scared he gets in there first. He can afford legal help, we can't.

Meanwhile we've forked out thousands to bring him home, I alone arranged the celebration of life and (separate, private) cremation and I have a flat full of belongings that I daren't do anything with in case I'm expected to inventorise/value everything (lots of guitars/snowboards, etc). Not that I'm desperate to get rid of his things but I was hoping to donate some of them to the societies he was part of at university and we really don't have any space to keep them. It just seems so unfair that I'm doing all the work (and will be for months by the looks of things) and he's sat at home with his grief doing !!!!!! all yet has the same rights.

UKTigerlily

I'm so, so sorry
I know you don't need me, but feel free to PM if you need to, i'm here x

Keep_pedalling

Does your daughter still have a good relationship with both of you? If so would she be willing to take on the administration of his estate,

You cant really give anything away without the other beneficiaries agreement. Is there any property involved, or is it just chattels and cash?

heart_broken

She doesn't live nearby and I wouldn't want to burden her with the job anyway (she's only 22).
Fortunately no property but a reasonable amount of money (taught him to save from a young age!), jewellery and sports/musical equipment.

TBagpuss

I'm so very sorry for your loss.
It's usual for the executor to be a relative, you don't have to appoint someone independent. I think you, your daughter and your son's father would all be entitled to ask to be appointed as executor
http://www.gov.scot/Publications/2016/11/6948/0 may be helpful to you.

In terms of his possessions, I think you'll probably need to get them valued, so that his dad can't accuse you of keeping /disposing of valuable assets.