In Scotland, before an Estate can be distributed to the beneficiaries, Confirmation must be obtained. This is an administrative process which involves an application to the court for the authority to deal with the deceased’s Estate.
At Dallas McMillan, we understand that the process of obtaining Confirmation can feel overwhelming when you have recently lost a loved one. However, we are here to help. We are highly experienced in Private Client law, familiar with dealing with the day to day administration of an executry and applications for Confirmation. We can take responsibility for managing the process, keeping you informed every step of the way.
If you have any questions about the process for obtaining Confirmation in Scotland, please do not hesitate to ask. Our team are on hand to guide you through this challenging time. Contact us on 0141 465 5410 or complete our online contact form and we will be in touch.
The Process of Obtaining Confirmation
In simple terms, Confirmation is the authority to administer the estate of the deceased. Once granted, the executor must distribute the estate in accordance with the Will. An application for Confirmation is made to the Sheriff Court and will vary depending on the size of the Estate.
Obtaining Confirmation can seem like a complicated process. However, our solicitors can guide you through.
Firstly, obtaining Confirmation requires the executor, or their representative, to obtain valuations of the deceased's property. This can be simple for bank accounts and shareholdings, but can be more complicated where houses and high-value personal possessions are involved. It will be necessary to liaise with professional valuers and estate agents in most cases. Again, this can be a significant administrative burden, but it is one we, as your representatives, can take on. An inventory must then be prepared, outlining the values of these items for the court.
Once Confirmation is obtained from the court, the executors can ingather the Estate as they then have the authority to act and take control of the deceased’s assets to distribute to the beneficiaries. This involves writing to banks and building societies, insurers and other interested parties. These third parties will need to see proof that the executor is able to act – and the Certificate of Confirmation can be produced to assist in this process.
Confirmation and Small Estates
The process for obtaining Confirmation from the court will differ depending on whether the estate is small or large.
A small estate is one in which the assets amount to less than £36,000. In such circumstances the process will be less complicated. The sheriff clerk at your local sheriff court may help you fill out the necessary forms and documentation.
However, you must be mindful that the responsibility for winding up the estate will remain with the executor. Therefore, it is advisable to seek legal advice when obtaining confirmation, regardless of the size of the estate.
Confirmation and Large Estates
A large estate is any estate in which the total assets amount to more than £36,000.
Unlike small estates, sheriff clerks are not allowed to assist with filling out forms to apply for Confirmation. Legal advice is not mandatory; however, it is highly recommended as the issues involved can be very complex. There are more things to think about, for example, if the value of the estate exceeds £325,000 then it may be liable to pay Inheritance Tax (IHT). This must be paid before, or at the same time, as obtaining Confirmation.
Contact Our Executry Solicitors Glasgow
At Dallas McMillan, we are expert Private Client solicitors. We have experience in obtaining Confirmation for all manner of estates – from relatively simple executries to complex intestacies. We can guide executors through the process of obtaining confirmation from start to finish. Our private client team can ensure that the executry process is as straightforward as possible by providing clear and accessible advice.
We put our clients at the centre of our work and will keep you informed every step of the way. If you have recently lost someone and are unsure of the next steps contact Joyce Marshall or Rosslyn Milligan on 0141 465 5410 or complete our online contact form.
