When someone dies, their estate may need to go through a legal process before their assets can be collected and distributed to beneficiaries. If you are dealing with an estate in Scotland, you may come across the terms confirmation and probate.
Although they serve similar purposes, they relate to different legal systems. Here, we explain the difference and what you need to know about confirmation under Scots law.
What is confirmation in Scotland?
Confirmation is a legal document issued by the sheriff court that gives an executor authority to deal with the deceased’s estate.
It may be needed to access bank accounts, collect investments or deal with property and other assets. To apply, the executor must provide an inventory of the estate, including the values of the relevant assets at the date of death.
Once confirmation is granted, the executor can proceed with administering the estate, settling liabilities and distributing the assets in accordance with the will or the applicable rules of Scottish succession law.
What is probate?
Probate is the term commonly used in England and Wales when someone dies leaving a will. A grant of probate gives the named executors legal authority to administer the estate.
Where someone dies without a will, a different process generally applies in England and Wales, involving an application for letters of administration.
In Scotland, however, confirmation is the relevant process whether or not the deceased left a will. An executor may be named in the will or, where there is no will, appointed through the appropriate legal process. Not every Scottish estate requires confirmation. Whether it is needed depends on the assets involved and the requirements of the organisations holding them.
How do you apply for confirmation in Scotland?
The process generally involves identifying the deceased’s assets and liabilities, establishing their values, preparing the required documentation and submitting an application to the appropriate sheriff court.
The process can vary depending on the size and complexity of the estate and whether a will exists. Executors must also consider any inheritance tax reporting requirements and their responsibilities when distributing the estate.
A solicitor can help prepare the application and guide executors through the wider estate administration process.
Need advice about confirmation in Scotland?
If you have been appointed as an executor or need help administering a loved one’s estate, Kaur Sutherland’s Estates team can provide guidance on the process and your responsibilities under Scots law.
Speak to our Estates team to discuss your circumstances.
Call: 0141 611 6000
Email: info@mackaur.co.uk
