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Probate work: Is Solicitor compulsory - just because no formal will exists? (SCOTLAND)

Dear Forum

My divorced father passed without leaving a formal will (only an email instruction copied to all of my siblings was left)

A couple of related Qs, hope you can help...

1. I have spoken to a solicitor who advised that because no Will exists, it is compulsory to now engage a solicitor - from initially appointing Executor - through the full remainder of the process (until estate is distributed).

Is this correct?

2. Do you have a feeling for how much above solicitor involvement may cost?

(Solicitor gave rough cost estimate as a % of the estate - but surely solicitor admin steps dont vary significantly because of estate value. If estate is worth £250K, surely admin costs will be similar for estates in the same ballpark (£200K, £300K etc...))   

Appreciate any pointers



  • user1977
    user1977 Posts: 14,543 Forumite
    First Anniversary First Post Name Dropper Combo Breaker
    No to point 1, it’s not compulsory. Might be a good idea if you don’t know what you’re doing. Try getting other quotes. Fees will vary a bit depending on value of estate, more responsibility the bigger the value.
  • Savvy_Sue
    Savvy_Sue Posts: 46,196 Forumite
    Name Dropper First Post First Anniversary
    edited 18 March 2023 at 4:57PM
    Is he talking about needing a bond of caution? I don't know much about it, just it's a thing which may be needed for confirmation with no will in Scotland. 

    Edited to add that more has been said on your other thread.
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