Legal status of estate assets prior to Grant of Confirmation

[Bazman76]

Hi there,

I have a situation where there is a sole beneficiary of a Will, under Scottish law is that person the legal owner of those assets prior to Confirmation having been granted?

The assets in question are some stocks that the deceased had when he died as well as some cash that has built up in the estate after he died.

Kind regards

Baz

[Bazman76]

Hopefully this explains things more clearly:
Am I correct that the shares/property are currently legally part of my late father's estate and have to be transferred to my mother who is the sole beneficiary before they become her assets and the only way to do that is to obtain the grant of Confirmation? Is it therefore correct to say that any rent yielded on that property also remains part of my father's estate and that will remain the case until the property itself has been transferred meaning that in effect the rent can not be transferred to my mother until the grant of Confirmation has been obtained? My mother is also an Executor for my late father and the rental income is being paid into an Executor account with her name on it. The reason that this is pertinent is that my mother is being assessed for care costs by an English local authority they want a list of all the bank accounts that have her name on trouble is there are also estate debts which more than offset the assets but there are no place on the forms for those, so it would be easiest if we could exclude those accounts on the basis that they are not yet her assets but obviously this has to be kosher.

[Pezza54]

This thread is a near duplicate of another thread started by OP, which I have answered under the other thread