Navigating the complex world of financial products and tax regulations can be overwhelming, especially when you're already dealing with the loss of a loved one. At Brodies LLP, we understand the emotional and technical challenges that arise when you become the executor of a will. With our extensive experience in executry and probate work, we are here to guide you through the entire process and provide compassionate support to ease the burden on your family.

No matter the size of the estate, our highly skilled team of executry practitioners is dedicated to helping you work through the affairs of the deceased. We recognise that this is a difficult time, and our lawyers approach each case with a combination of expertise and empathy. You can trust us to handle the legal complexities while we provide the understanding and support you need.

Probate in Scotland, England and overseas

What sets us apart is our expertise in both local and cross-border estates. We understand that estate administration can involve international assets and beneficiaries, and our team is well-versed in navigating these intricate matters. With lawyers who are dual-qualified in Scots and English probate law, we offer comprehensive support for estates that span different jurisdictions. You can rely on our in-depth knowledge of both legal systems to ensure a seamless probate process, regardless of where assets are located.

Tax-planning post-death

In addition to our cross-border capabilities, we have accredited specialists in trust law who can provide valuable guidance. We recognise that tax planning opportunities don't end with death. Our team is equipped to advise family members on potential advantages that may be gained through post-death tax planning techniques. Whether it's exploring the benefits of entering into a deed of variation or identifying other strategies, we help you make informed decisions that optimise the financial outcome for your family.

At Brodies LLP, we believe in providing the highest level of personalised care and attention alongside our legal advice. Our goal is to alleviate the stress and complexities associated with probate, allowing you to focus on what truly matters – honouring the memory of your loved one.

A collaborative approach to the probate process

When you choose our firm, you can expect a collaborative approach. We will work closely with you to gather the necessary information and documentation, ensuring that every step of the probate process is handled efficiently and accurately. Our team will take care of the legal requirements, including:

  • obtaining grants of probate or confirmation;
  • settling debts and taxes; and
  • distributing assets according to the wishes of the deceased.

Throughout it all, we will be there to address your concerns, answer your questions and provide regular updates.

Dealing with the affairs of a deceased person is undoubtedly challenging, but you don't have to face it alone. Contact us today to schedule a consultation with one of our experienced executry practitioners. We are here to help you with compassion, understanding, and unwavering dedication during this difficult time.

Our most frequently asked questions:

  • How long does probate take?

    Depending on whether clearance is required from HMRC, and how quickly this is forthcoming, we aim to obtain the grant of Confirmation or Probate within six to nine months of the date of death.

    Once the grant of Confirmation or Probate has been obtained, steps can then be taken to ingather the estate assets. It will also be necessary to consider the income tax and capital gains tax position of the estate before proceeding to distribute the net estate to the beneficiaries.

    Generally, the administration of a straightforward estate can take around one year to complete and more complex estates can take longer.

  • How much does probate or executry administration cost?

    There are a number of factors which can affect the duration and complexity of estate administration work. As a result of this, it can be difficult to predict what may be involved in the administration of an estate at the outset and to provide a “fixed” fee for all the work. We have developed three ways in which we fee for core estate administration work. Normally we would discuss this with the executors at the outset and agree the basis of charge for the core executry administration service. These options are:

    1. A fixed fee – In order to provide certainty, our fees to administer the executry can be calculated by reference to a percentage of the value of the gross estate on death. The gross estate is the total value of all the deceased’s assets(including their share of jointly held assets) at the date of death together with any substantial gifts and before any debts or liabilities are deducted. Our probate calculator can calculate what this fee would be.
    2. Hourly rates - An alternative approach, which will provide less certainty at the outset but may result in a lower fee is for us to charge by reference to the actual time spent on the matter in accordance with the hourly charge out rates of the different members of the team who undertake the work. You can get in touch with us directly to discuss.
    3. Fee set by auditor of court/law accountant – Lastly, Brodies LLP can send the correspondence files and papers for the estate administration to the Auditor of Court or law accountant who will independently assess the work carried out when the estate administration is complete and set the fee that Brodies LLP can charge. The primary reason for this is it affords protection and reassurance to those interested in the estate. In some cases, if Option 2 is chosen, Option 3 may also be used to ensure that the fees charged are fair and reasonable.
Executries key highlights icon

Executries key highlights

  • Authors of the book 'Drafting Wills in Scotland' - described by The Scotsman as the 'bible' for will drafting in Scotland.
  • The only firm ranked by Chambers and Partners as Band 1 in Private Wealth Law in Edinburgh, Glasgow and Aberdeen.