Scotland: distribution of estate

MaskingTape

I fully appreciate this is, in many ways, a 'how long is a piece of string' question. 

Although I've acted as Executor and completed probate in other jurisdictions, I'm not familiar with the Scottish system, so my expectations may be all wrong.

Confirmation was completed in November 2024, property sale was finalised in February 2025.  I understand all assets have been 'gathered in' and I know that funeral expenses incurred by family members were settled in April 2025.

As I know all the beneficiaries, I'm pretty confident there has been no objection or caveats lodged.

The will leaves a percentage of the estate to two well-known named Charities and the balance to be divided equally between the named beneficiaries.

Is it reasonable to expect that the estate should be distributed and all the affairs wound up by now?

SiliconChip

You've failed to give one of the key pieces of information: who is the executor? 

If it's one (or more) of the beneficiaries then it might be reasonable to expect distribution by now, although there may be good reasons for delaying it. But if it's a solicitor then they may be waiting for a period following whatever the Scottish equivalent is of posting a notice in the London Gazette, which is one reason why distribution of estates by solicitors in England often take considerably longer than other estates.

MaskingTape

Executor receives a small bequest from will.

The exec instructed a solicitor.

MaskingTape

"..may be waiting for a period following whatever the Scottish equivalent is of posting a notice in the London Gazette"

Is it possible to get a copy of this notice?

Do you know what the waiting period is?

buddy9

Most Scottish estates are not advertised in the Gazette.

A solicitor will not distribute the estate until at least 6 months has elapsed. But there must be many possible scenarios that could substantially extend the timescale.

RAS

If the will leaves a percentage to charity the solicitor has to be absolutely sure what the whole is. They will not assume to know that for at least 6 months.

And then they'll want to pay the charities before anyone else and be sure that the charities accept the sums, as the charities are legally obliged to challenge if they think they should get more.

MaskingTape

Thanks folks, when does that 6 month clock start?

From date of confirmation? Date of house sale?

jem16

MaskingTape said:

Thanks folks, when does that 6 month clock start?

From date of confirmation? Date of house sale?w

It was date of death in my case when dealing with my mother’s estate. The estate was actually wound up shortly after five months as my brother and I (as executors) gave the solicitor the go-ahead to do so as I had been dealing with my mother’s finances for years and was confident there were no outstanding debts. Plus we would have dealt with it if something turned up out of the blue. 

MaskingTape

Deceased date of death was almost 18 months ago

Shelldean

I personally would say the six months started when the house sold. As that would've been last lot of money to be collected by the estate?
Also there would've been invoices relating to that sale, estate agent fees etc.

Was the house sale the final thing to be resolved?

MaskingTape

Shelldean said:

Was the house sale the final thing to be resolved?

I believe so, I gather closing the sale took some time.

So by that measure, end August would be a reasonable expectation?