Validating a scottish will after death
You should be aware that in Scotland, the executors are known as executor-datives (male) and executrix-datives (female).
As part of the application, the executors will need to provide a valuation of the deceased’s assets.
If you need more information about the English system or how best to proceed in England please contact the Office of the Public Guardian for England & Wales, telephone: 03 e-mail: [email protected] seek independent [English] legal advice.
If you are seeking to rely on a Scottish power of attorney in England or Wales please see the relevant response. You should first establish what the country’s requirements are.
You may choose a later age at which they should inherit although, from April 2006, if your child is not disabled there may be additional taxes to pay on the trust fund, subject to the amount held in the trust fund.
Even in 1961 only about 43% of Scots dying in that year left testamentary evidence of any sort.
After a person’s death, all their assets, including their bank and building society accounts, are automatically frozen. If a person left a will, the people appointed as executors in the will must apply to the Commissary Department of the Sheriff Court serving the area in which the deceased was domiciled at the time of death for a grant of confirmation (the Scottish equivalent of probate).
Confirmation gives the executors authority to deal with or “administer” all the property and other assets belonging to the person who has died.
An intervention order is designed to allow someone to make one-off or specific decisions, such as selling a house belonging to the adult or deciding what medical treatment is best for the adult at that particular time. The Mental Capacity Act 2005 (MCA) is the relevant legislation.
One needs to draw a distinction between power of attorney and guardianship (called deputyship under the MCA) as the ‘rules’ are quite different. A Scottish guardianship order can be used in England or Wales if an Organisation (e.g. However the Organisation may require validation of the Scottish order from the English Courts [Court of Protection].