How and when does one become an heir?

England and Wales, Northern Ireland:

The immoveables and moveables of a deceased person shall on his/her death, notwithstanding any testamentary disposition, devolve on and become vested in his/her personal representative.

• The personal representative is called executor, (executor-nominate in Scotland ) if he/she has been appointed by the testator in his/her will.

• The personal representative is called administrator (executive-dative), if he or she has been appointed by the probate court (respectively the sheriff court in Scotland).

The estate of a deceased person is administered by this personal representative. The personal representative

• pays the debts of the deceased

• and distributes the assets and transfers property to the beneficiaries.

However, a beneficiary of the deceased’s share may disclaim his/her inheritance under the will or intestacy.

Scotland

Every part of the deceased’s estate, both heritable and moveable, which falls to be administered under Scots law vests by virtue of confirmation in the executor for the purposes of administering the estate. The executor must pay any debts on the estate and distribute the estate to those entitled to it.

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