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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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can you tell me if a lawyer is required to deal with my late

Resolved Question:

can you tell me if a lawyer is required to deal with my late brothers estate as he has no will? my brother and i think the total of his estate is about £37,000,excluding funeral expenses.if so is there a fixed price for this or is it a percentage of the estate?
Submitted: 3 years ago.
Category: Law
Expert:  Kasare replied 3 years ago.
HI thanks for your question, I will assist you with this.
Anything over £30,000 is considered a "large" estate. The Scottish Court Service is prohibited from assisting or giving advice to applicants for confirmation to large estates, this is why you are recommended to obtain legal assistance. But it is not obligatory, but the process can be a little complicated and time consuming.
If you do need to get legal advice, the Law Society of Scotland can provide contact details for solicitors in your area. The fees vary some charge a percentage of an estate’s value, others charge for work done by the item or hour. The Law Society guidance sets a % of 0.75% on the property and 1.5% on all other assets, but you are probably looking at fees of up to £5000.
Where there is no Will, an application should be made to the Sheriff Court for the appointment of an executor, known as an executor-dative.
An application (known as a petition) for the appointment of an executor-dative is lodged with the Sheriff Court according to the following order of priority:
Anyone who is entitled to inherit all or part of the estate
Next of kin
The creditors
Anyone entitled to a legacy from the estate, i.e. a specific legatee
The procurator fiscal
In the case of intestacy the executor-dative must obtain a ‘bond of caution’ from an insurance company - this is a guarantee that you will distribute the estate in accordance with the rules and a copy of this must be provided to the court with form C1 (the inventory).
You need to apply for confirmation (the Scottish equivalent of probate) to the Commissary Department of the Sheriff Court serving the area in which your brother was domiciled at the time of death.
The application forms can be obtained free of charge from the Sheriff Clerk’s Office at the Sheriff Court or online - along with expert guidance on completing them - can be found here:
http://search2.hmrc.gov.uk/kb5/hmrc/forms/view.page?record=DQJACJmu-f0&formid=3322%20
Aside from solicitors fees, if you use a solicitor, there are also the court fees to pay for the applications/petitions.
I hope this assists.
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