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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 15902
Experience:  30 years as a practising solicitor.
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My father died recently and I am an executor on his will

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Hi my father died recently and I am an executor on his will along with my two brothers and my mother. All assets are to be transferred to my mother. My understanding is that no inheritance tax is due is these circumstances. Do I still need to apply for confirmation?
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: Scotland
JA: What documents or supporting evidence do you have?
Customer: Not sure what you mean? There is a will
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Thank you for your question. I am a solicitor in Scotland. There is no inheritance tax where your mother is to inherit your father’s whole estate. However the transfer process requires Confirmation from the local sheriff court in all but the smallest of estates. That is the executors’ authority to deal with the estate. You need to complete Forms C1 and C5 or IHT400 depending on the value of the estate. If there is a house involved you should consult a solicitor. I hope that helps. Please leave a positive rating so that I am credited by JustAnswer for my time.

Customer: replied 1 year ago.
Why do I need to consult a solicitor if there is a house?

Because there is a conveyancing process involved in transferring the house over, unless of course there is a survivorship clause in the title. This should be checked.

Customer: replied 1 year ago.
The house is owned in joint name, assuming there is a survivorship clause then on death the ownership will automatically transfer, is that right? Same with any joint asset?
Customer: replied 1 year ago.
I don’t want to switch to a phone call are you able to answer me?

If there is a survivorship clause the house is deemed to transfer on death and on a subsequent disposal the death certificate will prove the link in title. If there is no survivorship destination Confirmation is needed and a Disposition of the one half share of the house has to be registered in the Land Register of Scotland. If the house is not already on the Land Register this will also trigger a first registration. Other joint assets will pass to the survivor. Assets in your father’s sole name will not and Confirmation will be needed for that.

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