Executor

john110375

Hi, do I need to involve a solicitor to make a someone an executor after death in Scotland? I would like to add my sister instead of me being the only one, thanks 

Keep_pedalling

You can’t change executors now, but if you want your sister to handle it you can appoint her as your power of attorney to act for you. You could get a solicitor to draw that up but if you can find an appropriate template you may be able to do that yourself.

This would be better than renouncing as this would allow you to take over if anything happen to her.

buddy9

John

If you have been nominated the executor in the will, you can assume your sister as an additional executor by means of a 'deed of assumption'.

Although you can DIY it might be best to have it professionally drafted.

getmore4less

Keep_pedalling said:

You can’t change executors now, but if you want your sister to handle it you can appoint her as your power of attorney to act for you. You could get a solicitor to draw that up but if you can find an appropriate template you may be able to do that yourself.

This would be better than renouncing as this would allow you to take over if anything happen to her.

if it works the same as England  using the POA option requires a new grant if the attorney dies.

buddy9

Keep_pedalling said:

You can’t change executors now, but if you want your sister to handle it you can appoint her as your power of attorney to act for you. You could get a solicitor to draw that up but if you can find an appropriate template you may be able to do that yourself.

This would be better than renouncing as this would allow you to take over if anything happen to her.

As far as I am aware, a UK resident executor cannot use a power of attorney appointment where a Grant of Confirmation is necessary in Scotland

Edited March 2024:  POA: cases in 2023 and 2024 have likely changed the potential for a continuing attorney to be appointed executor in certain circumstances

john110375

Is there a template I can use to give my sister authorisation to speak to the banks, utilities etc to save me having to do it all as the executor?

Keep_pedalling

buddy9 said:

Keep_pedalling said:

You can’t change executors now, but if you want your sister to handle it you can appoint her as your power of attorney to act for you. You could get a solicitor to draw that up but if you can find an appropriate template you may be able to do that yourself.

This would be better than renouncing as this would allow you to take over if anything happen to her.

As far as I am aware, a UK resident executor cannot use a power of attorney appointment where a Grant of Confirmation is necessary in Scotland

That was certainly the case where the the executor had lost mental capacity, but afaik that is not the case where an executor still has metal capacity there is nothing to stop them appointing an attorney to act their attorney in administering an estate. 

In some cases even a LPA can now act for an executor who has lost capacity.

https://www.harpermacleod.co.uk/insights/can-executors-attorney-administer-estate-in-scotland/