How will Social Security Scotland be able to tell if there is an Executor?

Social Security Scotland should make enquires with the Sheriff Court to confirm who has been appointed as Executor and to obtain an inventory of any estate. The contact details for the individual’s local Sheriff Court can be found here: Find a court (scotcourts.gov.uk).

An Executor can be nominated in the deceased’s Will if they have one (an Executor-nominate), or by the Sheriff Court if they did not have a Will (Executor-dative).

If the Sheriff Court is unable to confirm an Executor, Social Security Scotland can make contact with known relatives of the deceased (details of which the deceased may have provided in their review form) in order to establish who is to be appointed Executor.

In circumstances where no Executor has been appointed (for a variety of reasons which may include the small size of an estate), the Social Security (Scotland) Act 2018 (SS Act 2018, s85B(3)(b)) allows for appointees to be put in place to act on behalf of the entitled person in connection with their entitlement to assistance. This specifically provides for situations where the entitled person is deceased. These appointees are able to receive payments on behalf of the entitled person and it is assumed the appointee places the funds with the deceased’s estate.