Executry is the name used by lawyers for the work required in winding up the estate of someone who has died. It is another area where it is difficult, and often impossible, to give accurate levels of fee in advance. The Terms of Engagement often require a time-and-line/hourly/unit rate charge. It also makes a difference to the amount of work whether or not there is available a valid will signed by the deceased – more work and other costs are likely if there is no will. The work may involve meetings and consultations between the family/executor and the solicitor, collating and valuing the assets and liabilities of the estate, corresponding with financial and other institutions (e.g. banks, building societies, share registrars, employers/pension administrators, DWP, HMRC, council tax departments, factors, mortgage lenders and more), drawing court documents and forms for Confirmation (Scottish equivalent of Probate), dealing with the Sheriff Court processing the forms, ingathering the financial estate (i.e. collecting in all the money), accounting to the executor and distributing the bequests and shares of an estate among beneficiaries.
There may also be a home/heritable property to sell on the open market or transfer to a beneficiary. That work is not included in this example as it is a conveyancing process (see Sale of Residential Property), nor is calculating and dealing with Inheritance Tax, which affects only a limited number of estates and generates considerable work.
The fee for executry work in winding up a particular estate may be in one case £2300 plus VAT £460.
Outlays may include Court Confirmation dues in respect of an estate not exceeding £50,000 no fee; £50,000 (up to £250,000) £266; Exceeding £250,000 £532 plus £8 for each individual asset certificate if needed.