Family Law AssociationThe Law Society of Scotland
Glasgow 0141 375 1222

Confirmation in Scotland

What is Confirmation?

A grant of Confirmation gives the executor the authority required to manage, ingather and distribute the estate. The grant can be made by application to the local Sherriff Court where the deceased lived. This process can be stressful and time consuming especially when coming to grips with the death of a loved one. This is why solicitors regularly take on the executry role for clients. We will take care of the management of the estate and the executry work for you; minimising any stress at an already difficult time.

Confirmation is a formal legal document that gives an executor legal rights over a deceased’s estate. Confirmation is the Scottish equivalent to ‘probate’ in England. Until the point of Confirmation, the deceased’s assets are frozen. Once received, the Confirmation document can be sent to financial organisations or businesses that hold money or property on behalf of the deceased. The complexity of the Confirmation process depends on the size of the estate and whether or not there is a valid Will.

How do I apply for Confirmation?

Obtaining Confirmation involves making an application to the Sheriff Court, which must include an inventory of the estate. We can take care of your application for confirmation for you. Give us a call to see how we can help you with the executry process on 0141 413 9374.

The inventory should include:

  • every piece of property in the estate, with a description
  • a valuation figure for each item/property
  • bank account numbers
  • addresses of real estate property;
  • a calculation of inheritance tax, if applicable

If there is a Will, the application for Confirmation, relevant supporting documents and court fee can be sent to the local Sheriff Court. If there is no Will, it will be necessary to follow an additional procedure before Confirmation can be granted. In small estates (those under £36,000), a bond of caution (a type of insurance policy) is required to protect the estate in the event of any mistakes being made. Where the estate is over £36,000, a Court application will need to be made to apply to be appointed as an executor. After these requirements have been fulfilled, confirmation can be granted.

Executry & Wills Lawyers in Glasgow, Paisley, Hamilton and Edinburgh

We are a team of approachable, responsive, client-focused solicitors, who pride ourselves on offering personalised, tailored advice. Operating throughout Scotland, we offer an open door policy and legal services tailored to your needs and budget. For clear, down to earth, legal advice and assistance from experienced executry solicitors, contact us via our online contact form, or give us a call on 0141 413 9229.

Jones Whyte Law private client solicitors serving clients across Glasgow, Paisley, Hamilton and Edinburgh.

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