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Do I Need Confirmation For A Small Estate In Scotland?

Do I need confirmation for a small estate in Scotland?

What constitutes a small estate is actually defined by Scottish law as one with a total value under £36 000. Confirmation is the legal right to deal with the estate of someone who has died. But do you need confirmation for a small estate in Scotland?

The short answer is yes. But you can get free assistance to apply for it from the Sheriff Court.

If you need help with Confirmation in Scotland, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

However, it’s worth knowing a little more about confirmation and the application process before you choose how to proceed:

What is in an estate?

An estate is everything that a person who has died owned. In Scotland, this is broadly summarised by two groups:

Heritable assets – their house, other property and land.
Moveable assets – money in their bank accounts, personal possessions, shares and investments and so on.

What is the threshold for a small estate in Scotland?

The threshold for a small estate in Scotland is £36 000. If the estate is worth less than this, it is “small”. Any bigger, it’s a “large” estate.

Don’t forget that in Scotland the value of the estate doesn’t include any debts or other sums that the deceased owed.

What is the difference with a small estate in terms of confirmation?

The only real difference with a small estate when it comes to confirmation is that a small estate tends to be a simpler one.

The official known as the Sheriff Clerk is also able to help you apply for confirmation if it is for a small estate. They are not legally allowed to do this for large estates, so you’ll need to search out reliable legal expertise if the estate is valued over that £36 000 threshold.

Who deals with the estate?

The person who applies for confirmation is aiming to be “confirmed” as executor of the will if they are named in it. If there is no will or no named executor, the courts will usually appoint one – and you can apply for the role if you are a close family member (a set priority order of the deceased’s relations is set out).

If there is more than one executor – and there frequently is, because it’s sensible to name several in case any were to predecease the person whose will it is – they have different options when it comes to decision-making.

But before even a named executor can start dealing with the estate of someone who has died, they must successfully apply for confirmation.

How to deal with the estate of a person who has died

Dealing with the estate of someone who has died includes several tasks, including:

Organise the funeral – it is often possible to access some funds from the deceased’s bank accounts to pay funeral costs even before you receive your Grant of Confirmation document.
Prepare to inventory their estate – this will mean locating all of their banks accounts, any investments they have, and more.
Apply for confirmation – before you are allowed to distribute their assets in line with the will or access more funds from their accounts, you need to obtain the legal right to do so. This is called confirmation.

Do I need a solicitor to obtain confirmation?

If the estate is worth less than £36 000 and there is a will, you will not always need a solicitor to help you obtain confirmation. The assistance of the Sheriff Clerk is usually invaluable here.

Yet it’s worth bearing in mind that the confirmation application process isn’t exactly simple. It includes:

Paperwork – you’ll need to fill in several legal forms and send them to the Sheriff Courts. These can be contested either by the courts or others if they are incorrect.
Inventory – it’s your responsibility to create an inventory of all of the deceased’s assets and their values.
Pay Inheritance Tax – this needs to be the correct figure based on an accurate inventory. Otherwise, you leave yourself personally liable to pay costs later on. You need to pay the correct Inheritance Tax before you get confirmation.

If the estate is small and simple (that is to say, it doesn’t consist of many different assets – perhaps just a single bank account and some possessions) it might be possible to handle getting confirmation yourself.

But, while you don’t technically need a solicitor to obtain confirmation for a small estate, a legal expert can save you time and protect you from the worries of being personally liable for any mistakes later on.

Can I use a solicitor just for the difficult parts?

One potential solution is to find a solicitor just for the more complex parts.

In general, while you do need confirmation for a small estate in Scotland and while you can apply for it yourself, it’s often a good idea to at least talk it over with a legal professional first to make sure you won’t have any problems.

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Get in touch with us and tell us about the kind of advice you need today.

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Confirmation Scotland Large Estates

Confirmation In Scotland – large estates

Getting confirmation in Scotland for large estates (those valued at £36 000 or more) is more challenging than for small estates.

For a start, the Sheriff clerk (who can assist you with small estates) is not allowed to help you here.

If you need help with Confirmation in Scotland , please either call us now on 0845 1391399 or complete a Free Online Enquiry.

That’s why getting legal advice from a solicitor or other legal professional is nearly always worthwhile when you need to get confirmation for a large estate. Here is what you need to know:

What Is A Large Estate?

In Scottish law, a “large estate” isn’t just a matter of opinion. It is an estate where the combined value of the assets of the person who has died is £36 000 or more.

This usually means that a house or other property is involved. On other occasions, there might be multiple bank accounts, investments, and more.

As the executor, you can be personally liable (i.e. you can end up needing to pay) for mistakes made during the process of closing the estate down. This is why it’s best practice to engage legal assistance.

What Is Confirmation?

In Scotland, confirmation is the legal right to administer the estate of someone who has died. This includes distributing inheritance to the beneficiaries following the wishes laid out in the will – or following the Rules of Intestacy if the person died intestate (without a will).

The process of applying for the legal document called the Grant of Confirmation (sometimes “certificate of confirmation”) is the equivalent of applying for probate (either a Grant of Probate or Grant of Letters of Administration) in England, Wales or Northern Ireland.

Why Do I Need A Certificate Of Confirmation?

Without confirmation, you will find it difficult or impossible to convince a bank to let you access the accounts of someone who has died and it is not legal to sell any property they may own.

Once you have a certificate of Confirmation, you can send the bank a copy. They will then allow you to remove the funds in preparation for distributing them following the will.

There are some circumstances where you might be able to do some limited things without confirmation. This might include paying funeral costs from the deceased’s bank account or accessing smaller amounts of money, for example.

However, this latter exception is less likely for a large estate.

Can You Apply For Confirmation For A Large Estate Without A Solicitor?

Yes, it is technically possible to apply for confirmation for a large estate without a solicitor. However, the Scottish Courts and Tribunals Service is not allowed to assist you, as they would for a small estate (one valued at under £36 000).

It’s worth reiterating how important this makes it to get legal advice you can trust. Without it, you are open to paying the costs for mistakes made in the process yourself.

The more complex and larger an estate gets, the more difficult and time-consuming it becomes to get confirmation for:

1) More Documentary Proof Is Needed

Without a solicitor, you will also need to provide additional documentary proof in the form of:

The death certificate
The will, if any
An extract of the will if it has been registered with the Sheriff Court of Books of Council and Session

2) Taking Inventory Of The Estate Is Harder

One of the requirements when applying for confirmation is an inventory of the estate. This is a list of all the deceased’s assets with an accurate valuation of each attached.

Do be aware that valuations can be challenged by the courts and you can be liable for mistakes made – for example – when paying the correct Inheritance Tax because of inaccurate valuations.

You don’t subtract the value of any debts the deceased owes from this inventory. However, you do need to be sure that you have included all of their:

Heritable property – including land and buildings.
Moveable assets – money in bank accounts, investments such as stocks and shares, and personal possessions.

3) Pay The Correct Inheritance Tax

In Scotland, most large estates worth over £325 000 are liable for Inheritance Tax. This needs to be paid at the same time as you apply for confirmation, or preferably before.

To determine how much this will be, the inventory needs to be completed and sent to the courts for processing (there is a fee for this even though it is mandatory).

Some estates are exempt from paying Inheritance Tax. This is only usually if the deceased lived permanently in another country for a long period before they passed away or if all the estate’s value above the £325 000 threshold will go to their spouse or certain types of charities.

Again, it’s worth talking to a specialist probate or confirmation solicitor to make sure you’re paying the correct tax.

Can I Apply For Confirmation For A Large Estate If There Is No Will?

Yes, you can still apply for confirmation for a large estate in Scotland even if there is no will.

However, if the deceased died “intestate” (without a will), there are additional steps required by the confirmation application process. You will need:

A Bond of Caution – necessary for all intestate estates, this is a kind of safeguard against executors applying for confirmation for an estate they’re not eligible for or trying to distribute inheritances to the wrong beneficiaries.
The dative petition process – is required to show that you are the closest relative to someone who has died intestate, and thus eligible to be confirmed as executor of the estate. This requires proving your identity to the court.

How Long Does It Take To Get Confirmation For A Large Estate?

It would not be uncommon for the executor of a large estate to take six months or possibly more to be confirmed.

The sooner you can get started (ideally with expert legal advice to help you), the sooner confirmation in Scotland will be granted for a large estate.

Want to talk to an expert about applying for confirmation for a large estate?

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To find a specialist solicitor near you, simply click the button below, enter a few details and we will soon connect you with a probate solicitor for FREE.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Solicitors Fees Confirmation Scotland

How Much Are Solicitors Fees for Confirmation In Scotland

Getting the confirmation you need to administer the estate of someone who has died isn’t a free process. But how much are solicitors fees for confirmation in Scotland?

Annoyingly, there isn’t a fixed type of pricing system followed by all probate confirmation solicitors or those offering what are known as “executry services”.

If you need help with Confirmation in Scotland, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Here are how most solicitors will work out their charges for these services and the other confirmation costs you might want to bear in mind:

How much will it cost to get confirmation and administer an estate?

There are several different types of costs involved in getting confirmation and administering an estate in Scotland. These include:

Court fees – the Scottish courts charge for any documents they have to issue as part of the confirmation process.
Valuation fees – for large or complex estates (most of those involving property), you may need a professional valuation to ensure there is no chance of the courts contesting it.
Solicitors fees – these might be charged depending on the size or complexity of the estate in question or as a flat (though usually small) percentage of the total value of the estate.

Obtaining confirmation – fees

By themselves, confirmation fees in Scotland alone aren’t too onerous. In order to get your Letter of Confirmation (the legal document that confirms you as executor of an estate), you will need to apply to the Sheriff Court following a set process.

The courts charge you for various stages of this process, such as examining the inventory of the estate (a necessary precursor to getting confirmation). The price of this service depends on the size of the estate:

£50 000 or less – no fee
Between £50 000 and £250 000 – £266
£250 000 and up – £522
Statutory court fees – on top of this, estates valued over £5000 are subject to a statutory fee of £200 for confirmation.
Multiple copies of confirmation certificate – £8 per copy (you will often need more than one copy to send to different institutions, such as banks).

These fees are subject to change. You can check them on the Sheriff Court website.

How much are solicitors fees for confirmation in Scotland?

There is a wide spectrum of solicitors fees for getting confirmation. Different firms also work out how they charge for their services in different ways. Unfortunately, which is the most cost-effective will depend on your unique situation. The most common you will come across are:

1) Percentage of estate value

Many solicitors charge a percentage of the total value of the estate for executry services or for handling the confirmation process – this is usually between 1% and 5%.

Needless to say, this can be quite a lot of money. However, it might work out as more cost-effective in some circumstances.

This is because the amount of work involved in administering an estate tends to go up by the number of assets rather than their value. Two accounts with £10 000 in each take more time to administer than one with £30 000 in, for instance.

As well as an overall percentage of the total estate, some solicitors levy additional fees (or charge only by) the value of different assets or money generated by assets of an estate. This might be:

Revenue, such as interest, dividends, or uplifted money
Heritable assets (such as property) or moveable assets (such as money in bank accounts) that are sold or moved
Investments such as stocks or shares

2) Hourly rate or fees per task

Others solicitors charge an hourly rate or set their fees for confirmation based on the number of tasks you need them to accomplish.

On the surface, this can seem like a simple way to do things. To the casual eye, it also “feels” cheaper than giving away a percentage of the overall estate. It certainly can be both of these things.

Again though, there are possible downsides to this charging method:

Fees aren’t fixed – with no clear idea of how many hours any given estate might take to administer, you don’t have a set figure to work from.
Unjustified fees can be contested – as the executor of an estate, beneficiaries can contest fees you agree to pay from the estate. If legal fees stack up and start to look unreasonable, beneficiaries may contest them. This may leave you liable for paying some of them.

3) Set fees for size or complexity of estate

Some solicitors offer clear rates based on the size of the estate in question. Though these can appear sizeable, they offer a great deal of welcome clarity.

Whether these offer the best value for money will again depend on the value of the estate in question.

What does a solicitor do for the fees?

Solicitors fees for confirmation in Scotland are often not negligible. That said, the legal process of obtaining confirmation can be complex, time-consuming, and – as the executor – leave you personally liable for mistakes made along the way.

Despite the confusing ways executory administration is priced, this makes engaging a solicitor a smart idea for all but the most straightforward of estates.

Want to talk over solicitors fees without obligation?

Let’s talk. Solicitors Near Me will find you a friendly and helpful solicitor for your specific needs with no fee or commitment.

Contact Solicitors Near Me

To find a solicitor near you, simply click the button below, enter a few details and we will soon connect you with a probate solicitor for FREE.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

How Long Does Confirmation Of A Will Take In Scotland?

You need to get confirmation of a will (the Scottish equivalent of probate) before you can administer the estate of someone who has died. But how long does confirmation of a will take in Scotland?

Annoyingly, the honest answer is “it depends”. You can expect an average of around three months, but the actual length of time varies depending on a wide range of factors.

Here is everything you need to know about how long it takes to apply for confirmation:

What Is Confirmation?

In Scotland, confirmation is the legal right to administer the estate of someone who has died. This will normally be in accordance with the wishes contained in their will.

The right is known as confirmation because it is designed to confirm that the executor named in the will is correctly stepping forward to do their duty.

However, unlike in the rest of the UK, if a person dies intestate (without a will) a similar process of confirmation is carried out. In England, Wales, and Northern Ireland, this is replaced by applying for a Grant of Letters of Administration and becoming administrator of an estate instead of executor.

When Is Confirmation Required?

Confirmation is required even before an executor named in a will can deal with the deceased’s estate. This means that you cannot sell any property or usually access money contained in their bank accounts until after you get confirmation.

Some banks may let you engage in some limited activities without confirmation, such as:

Access limited funds, with each bank setting its own threshold for what this is
Pay necessary fees or funeral costs
Full access if the estate is worth a very small total amount

Applying For Confirmation – What Is Needed?

In order to apply for confirmation, you will need:

1) The Inventory

This is an inventory of the deceased’s estate, listing accurate figures for the value of all of their heritable property (land and buildings) and moveable property (assets like money, investments, and possessions).

This has to be accurate as you will be personally (financially) liable for any mistakes. Thus, the process of inventorying large estates (valued at £36 000 or more) will usually include a professional valuation of any property or possessions.

2) Paperwork

You will need to fill in multiple forms found on the Scottish courts website. You will need copies of the death certificate and proof of your own ID and often more in order to complete the application process.

3) Complete And Correct Payment Of Inheritance Tax

You need to have properly valued the estate so that you know how much Inheritance Tax you will need to pay.

In Scotland, most estates valued over £325 000 will be liable to pay this tax. However, there are exemptions to this, well worth discussing with your solicitor or the other legal expert it’s very wise to consult for large estates.

How long does confirmation take in Scotland?

There is no fixed length of time that confirmation takes. You might expect the timeframe to be:

Minimum – the fastest timeframe for the smallest and most straightforward estates could be anywhere from 2 to 8 weeks.
Average – 3-4 months is the average length of time for a certificate of confirmation to come through.
Large estate – 6 months is a more realistic timeframe for large estates or those with large numbers of assets.

What Affects How Long Confirmation Takes To Obtain?

1) Size And Complexity Of The Estate

An estate with many different assets or that has any level of complexity is likely to take additional time for the courts to process.

This makes it doubly important to ensure all valuations in the inventory are accurate and can’t be contested or called into question by the courts.

2) Whether There Is A Will Or Not

If there is no will, you can still apply for confirmation if you are the deceased’s spouse or close relative (there is a specific order of priority for which relative should apply first in Scottish law).

However, applying for confirmation will then include additional steps that will take more time, such as:

A Bond of Caution – the purpose of this is to ensure the person applying to be executor will distribute the legacies and inheritance to the right people.
The dative petition procedure – is necessary when applying for confirmation relating to large intestate estates (where there is no will) and will take additional time.

3) If The Will Or Confirmation Is Contested

If anyone contests your right to be the executor or sometimes the will itself this can add extra time to the process.

4) Mistakes In The Application Process

Finally, one of the biggest causes of delays or outright failures when applying for confirmation in Scotland is errors made in the process.

For example, assets might be valued incorrectly or missed altogether. Alternatively, forms may be filled out incorrectly – this is very common as there is a great deal of legal language involved.

Is There Anything I Can Do To Speed Up The Application?

Making sure that you don’t fall afoul of any of the common errors or pitfalls above is the best advice. This will often mean engaging a professional probate or confirmation solicitor for any but the smallest and simplest of estates.

Plus, how long confirmation of a will takes in Scotland depends largely on the courts involved and the complexity of the case. This means it is good to make a start on the process as soon as you feel you are able to.

Need to talk through applying for confirmation with a specialist?

Let’s chat about your situation. Solicitors Near Me can find you a friendly and approachable expert to talk with for no cost and no commitment.

Solicitors Near Me

At Solicitors Near Me, we are here to guide you through the entire probate process.

All of our solicitors are hand-selected to be the best at what they do, so you can be assured of a high quality, personal service, near to where you live.

To find a solicitor near you, simply click the button below, enter a few details and we will soon connect you with a probate solicitor for FREE.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

How To Apply For Confirmation In Scotland

How To Apply For Confirmation In Scotland

Like probate in the rest of the UK, you need confirmation before you can deal with the estate of a person who has died. If you’re trying to work out how to apply for confirmation in Scotland, here is everything you need to know:

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.

Do I need to apply for confirmation?

There are some circumstances where you may not need to apply for confirmation in Scotland after a person passes away:

They do not own any property or have any possessions or money in Scotland.
The total value of their estate is under £5000.
Everything they own is jointly owned with someone else and there is a survivorship clause.

Otherwise, you will need to apply for confirmation using the process outlined below.

Who can apply for confirmation?

Before you begin the process of applying for confirmation, it is important to check if there is a will. This will govern who can legally apply for confirmation.

If there is a will – the will should (but may not always) state who the executors will be.
If there is no will – there is a strict legal order of priority detailing who among the deceased’s relatives can apply to be the executor of their estate. This will add extra steps to the confirmation process.

Who can be executor of an estate?

The executor of a will should be named within it. The most common choices are close friends and family members or a professional such as a solicitor.

If there is no will or the will does not name an executor for some reason – or if the executors are already deceased or have become incapable of carrying out an executor’s duties – the deceased’s closest next of kin may be able to apply to become executors.

In Scotland, there is a specific order in which the deceased’s relations can apply to be executor. For instance, their surviving spouse has the highest priority. If there is no spouse, the priority moves on to other relatives such as children, siblings, and parents.

If you are applying for confirmation and are not named as the executor in the will (this may be because the estate is intestate, meaning there is no will), you will also need to apply for:

A Bond of Caution – a kind of cover that prevents ineligible or potentially malicious actors from applying to be an executor.
To be a “dative executor” – passing through the dative petition procedure if it is a large estate (valued at over £36 000).

How to apply for confirmation in Scotland

1) Inventory the estate

The first task in the confirmation application process is to inventory (this is the actual technical legal term) all of the deceased’s assets.

In Scotland, this falls into two categories. These are heritable property (their land and buildings) and moveable property (money and other assets that can be transported). Altogether, these include:

Money in bank accounts
Investments, such as stocks and shares
Their house or other property
Any land they own
Valuable personal possessions (these may have been valued in any insurance policies the deceased may have had)

It can take some time to complete a full inventory of an estate. Some organisations take a while to respond to requests and it takes time to engage any necessary surveyors or valuers.

If the estate is large or complex, it can be risky to do this without expert legal assistance. This is because even honest mistakes in the valuation process may result in financial penalties later on.

Be sure to include all online and digital assets as well as physical ones. It is also important not to subtract any debts or negatives from the total.

2) Determine if the estate is liable for Inheritance Tax

The threshold for Inheritance Tax (IHT) in Scotland is £325 000. Estates valued below this are exempt from paying IHT. This tax needs to be paid before an executor can get confirmation.

There are also some exceptions to this rule, including those for:

Spouse or some charities inherit – if the only beneficiary of an estate is the deceased’s spouse or certain types of charity, an estate can be exempt from IHT.
Deceased lived abroad – if the deceased lived abroad and had less than £150 000 in assets in the UK, they may be exempt from IHT.

These exemptions may not always apply though. For example, if the deceased made many gifts to – for instance – a trust before they died to bring their total assets below the Inheritance Tax threshold. Or if they had lived in the UK within a certain timeframe of their death (usually seven years).

There are also other exemptions. For instance, a surviving spouse may be able to use the IHT exemptions of a partner who predeceased them. This is why it’s a smart move to consult expert legal advice before you apply for confirmation in Scotland for all but the smallest estates.

3) Pay Inheritance Tax and fill in forms

Once you have determined the correct amount of Inheritance Tax to pay and paid it, you can fill in the relevant forms and send them off to the Sheriff Office:

Form C1 – sometimes called the Confirmation Form or the “inventory form”. If the deceased lived elsewhere in the UK, different forms may be necessary.
Form C5 – the Relative Form.
Form IHT400 – the Inheritance Tax form needs to be completed even if the estate is exempt or small.

As long as all of the above are filled out correctly, you should receive your certificate of confirmation in around three months. Again, this can take longer for large estates.

If you want your first attempt to be successful though, applying for confirmation in Scotland for all but the smallest estates should be done with the advice of a legal professional close at hand.

Want to talk over confirmation with an expert in the field?

Let’s talk. Solicitors Near Me will find you a friendly and helpful confirmation or probate specialist to chat with for free and with no obligation.

Confirmation Solicitors Near Me

At Solicitors Near Me, we are here to guide you through the entire process.

All of our solicitors are hand-selected to be the best at what they do, so you can be assured of a high quality, personal service, near to where you live.

To find a solicitor near you, simply click the button below, enter a few details and we will soon connect you with a probate solicitor for FREE.

To be connected to a specialist solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.