Wanted: Probate - Step by step guide (Scotland)

StingySD

Hello Forum

Can anyone please share a rough step by step guide of full Probate Process

I want to know the right sequence for tackling this work

Please note a few important points:

* I am in Scotland
* My deceased father did NOT leave a will
* My father ran a small Ltd Company which needs to be liquidated


I cannot find online information that suits the above situation - hence reaching out to the great and the good of MSE forum

Many thanks 

Marcon

Plenty of helpful info courtesy of our old friend Google eg

https://www.citizensadvice.org.uk/scotland/family/death-and-wills/after-death-dealing-with-an-estate/#:~:text=After%20confirmation%20%2D%20distributing%20the%20estate,-Once%20a%20certificate&text=The%20executor%20has%20to%20wait,household%20bills%20and%20other%20commitments.
https://www.gov.scot/publications/death-scotland-practical-advice-times-bereavement-revised-11th-edition-2016-9781786522726/
https://www.bereavementadvice.org/topics/probate-and-legal/confirmation-in-scotland-without-a-will/

If that doesn't help enough then probably wise to ask for some professional help. Doesn't mean they have to do everything for you - just a bit of hand holding when you need it.

GSS20

If your father resided in Scotland then you are looking for Grant of Confirmation. There are a few really good threads on here and buddy9 is extremely helpful.

buddy9

I recall your previous posts.

Because there is no will, then there is a need to apply to be appointed executor dative, and then separately, to apply for Confirmation. I assume that your father did not have a surviving spouse and that you are the sole beneficiary.

Applying to be executor is something that you can do yourself. But then applying for Confirmation needs a Bond of Caution: there are few Cautioners in the market and their conditions of issue can include the compulsory engagement of a solicitor. This might restrict what you can undertake yourself. The only Cautioner that I am aware of that might have a more relaxed approach is Lawsureinsurance.

StingySD

Thanks Buddy9

I have tried various insurance companies, and they all advise BoC cannot be obtained by me without having a Will in place.

i.e. a solicitor will be required.

I will try Lawsure Insurance - are you sure they cover my situation?

Marcon

StingySD said:

Thanks Buddy9

I have tried various insurance companies, and they all advise BoC cannot be obtained by me without having a Will in place.

i.e. a solicitor will be required.

I will try Lawsure Insurance - are you sure they cover my situation?

Probably best to ask Lawsure yourself  - they may need more details before they can confirm either way, especially on your father's company.