Update:-

05.10.2020 COVID/19

Notice to all our Clients and Customers

As a safety measure and following Government Guidelines our office premises will remain closed at present to the public.

Certain team members are working remotely and as a whole we are trying to minimise any potential disruption to our service and continue to work towards providing a full service to our clients where possible.

The continued Welfare and Health and Safety of our Staff and Clients remains our top priority.

Face to face meetings may not be possible, communication will be conducted by telephone call, conference call or by using video technology.

All viewings of properties will require an appointment to be booked in advance and the Property Team will issue guidelines to be adhered to prior to any viewings taking place.

Therefore, could we please continue to ask our clients and third parties to contact us either by email at info@hewats.co.uk. or by calling our Office on 01556 502391 or 01556 502946.

We thank you for your continued support. Stay Safe & Stay Well.

The Hewats Team.

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Executries and Inheritance

 

It is inevitable at some stage that most of us will have to deal with the death of a loved one and at that stage most people do not wish to become involved in the bureaucracy in dealing with the winding up of a deceased person’s estate.  At Hewats we have experienced individuals who can deal with the complexities of Confirmation to an estate which is required to allow the estate to be administered under Scots’ Law.

For Confirmation to be obtained an application is required in writing to the Sheriff Court and therefore where a deceased person has died whilst residing in Scotland the law of Scotland will govern the succession to the estate wherever it is situated with the exception of heritable estate (houses, buildings or land) held by the deceased person outwith Scotland.

Generally, Confirmation is the authority given by the court to the Executors appointed under the Will, or in the event there is no Will the Executor is appointed by the Court, to gather together the estate of the deceased person and thereafter to distribute it either in accordance with the deceased person’s wishes in their Will or in accordance with the law of intestate succession (in the event that there is no Will) in Scotland.

Confirmation is, roughly speaking, the Scottish equivalent of Probate and Letters of Administration in England, Wales and Northern Ireland.

Executry cases can be complex and a timescale for completing an executry can vary greatly dependent on the complexity of the estate and the terms of any Will which is being left.  Some Wills do contain very complicated instructions which can result in an executry taking some time to be completed.

In the event that a Will has been left, Executors are able to generally distribute the estate in accordance with the wishes of the deceased person in the Will.  However, difficulties do arise where no Will has been left and the estate then requires to be distributed in accordance with the law of Scotland and, in those circumstances, legal advice is vital to ensure that the correct distribution of the estate takes place.

In addition, whilst most Executors can deal with the distribution of the estate, the process of completing the Inventory of Estate which is lodged with the Sheriff Court as part of the Confirmation process and the completing of the appropriate Inheritance Tax forms is sometimes not straightforward and, in those circumstances, Hewats are able to carry out the completion of these matters on behalf of the Executors.

In some cases the deceased’s estate may fall within the limits set down for the Small Estates procedure and it may not be necessary to employ a solicitor for that type of estate.  However, we are still able to assist in the event that the Executor wishes to leave matters in the hands of a legally qualified individual to carry out this work.

If you are interested in the services that Hewats can offer please contact us and find out what we can do for you.

"Sold my house through Hewats recently - excellent service from all - very impressed and thanks to Marion Walker and Andrew Malone."

Alison Hughes

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