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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
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Scottish law As executors of my mother´s estate do my

Resolved Question:

Scottish law
As executors of my mother´s estate do my brother and sister need 'Confirmation' from the Sheriff court. i.e. The legal document from the court giving the executor(s) authority to uplift any money or other property belonging to a deceased person from the holder (such as the bank), and to administer and distribute it according to law. Do they also need this to take any money from the house? They have already taken money from the house and probably other items. I cannot access the house until tomorrow. As a daughter I am one of the beneficiaries.
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
I know they have not obtained The Confirmation.
Expert:  JGM replied 1 year ago.
They can safeguard the estate and pay any debts pending Confirmation, but they can't intromit with funds or pay any beneficiaries, including themselves, without Confirmation. Any money taken from the house has to be accounted for in the estate account.
Customer: replied 1 year ago.
What does 'safeguard the estate mean´ in layman's terms? There were no debts. They used money that was in the house, and there must have been a considerable amount, to pay for the funeral, the meal at the hotel afterwards, and a meal at a very expensive restaurant for 10 people the day after. I do not know how much money they found in the house as they have not informed me.
Customer: replied 1 year ago.
Could I also ask you to explain 'intermit´. Sorry I am not familiar with this terminology.
Customer: replied 1 year ago.
Sorry I mean 'intermit´.
Customer: replied 1 year ago.
My computer keeps on changing the spelling as it assumes there is an error. What does INTROMIT mean in the context in which you have used it.
Expert:  JGM replied 1 year ago.
They can use the money from the house to pay for the funeral and purvey. They can't use the funds for any other purpose if there are no other debts. Intromit means use the funds. Safeguard the estate means just that.
Customer: replied 1 year ago.
Could you please let me know if the executors need to use a solicitor if the house has been left in the will to my sister? I have found the answers to my previous questions. Thank you.
Expert:  JGM replied 1 year ago.
They do need a solicitor as they wont be able to do the legal work themselves.
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Customer: replied 1 year ago.
Thank you again for your help. I could not have managed without this advice. I will submit to credit you.