Scottish Probate

Monday, January 8, 2018

There are considerable differences between applying for a Grant of Confirmation in Scotland and applying for Probate in England, Wales and Northern Ireland. Scotland has a separate judicial system to the rest of the UK and Scottish probate law is upheld by the Scottish Courts.

What is Confirmation?

A Grant of Confirmation is the Scottish equivalent of a Grant of Probate. Confirmation is a legal document which gives the executor/administrator the authority to act on behalf of the deceased. The document is required by banks and insurance companies, to ensure the monies are paid directly to the proper beneficiaries. In order for this to happen, you`ll need to produce the Confirmation document.

Do I Need to Apply for Scottish Probate?

Confirmation may not be required for small estates whereby simplified rules apply.This is normally in cases where the value of the deceased`s estate is less than £30,000. Confirmation can be obtained under the Small Estates Act through The Sheriff Court;

Normally, you need a grant of representation or confirmation if the value of the deceased’s estate (after paying the funeral account) is over £5,000.

These days, banks and building societies impose their own discretionary limit upon when they need a grant of probate or confirmation.

For example, if the deceased only left a nominal sum of cash, say £1,000, personal items having a high market value and a very expensive car, there is no need for you to apply for a grant of probate or confirmation because you, as the executor or administrator, need no formal proof of your authority to gather in and distribute these assets.

But, even if you don’t need a grant of probate, it may be better for you to obtain one in any event where the assets are high in value, to protect you and the executors and ensure that you are distributing the estate correctly.

On the other hand, if the deceased had a bank account or LIFE INSURANCE, a grant will be necessary so you, as executor, can obtain formal authority to gather in and deal with

How to Apply for Probate in Scotland

The deceased`s representative can apply by completing an inventory form C1 together with the necessary paperwork to the Sheriff Court.C5 (Return of estate information) must be completed for excepted estates where no inheritance tax is due Estates that exceed the nil rate band must complete a full inheritance tax return, form IHT400.

Free Legally Binding Will with IAG