Dealing with Estates: Confirmation in Scotland
If you’ve lost a loved one, you may be responsible for sorting out their affairs. In Scotland, this legal process is known as applying for Confirmation. At Pomphreys Solicitors in Wishaw, we guide individuals and families through every step of winding up an estate with clarity, care, and professionalism.
What is Confirmation in Scotland?
Confirmation is the Scottish equivalent of Probate. It’s the legal authority granted by the Sheriff Court that allows an executor to access and distribute the deceased person’s money, property, and other assets in line with their Will—or, if there’s no Will, according to Scotland’s laws of intestacy.
You’ll typically need Confirmation if:
- The deceased owned heritable property (e.g. a house or flat)
- They held assets worth more than £5,000
- Banks or institutions require formal proof of authority to release funds
Without Confirmation, executors have no legal power to manage or distribute the estate.
What Does the Executor Need to Do?
Being named as an executor can feel overwhelming—but you don’t have to do it alone. At Pomphreys, we support executors throughout the entire Confirmation and estate administration process, including:
- Reviewing the Will – or advising on intestacy if there’s no Will
- Identifying and valuing assets and debts – including property, savings, pensions and bills
- Preparing an inventory – a legal list of the estate’s contents for court
- Submitting the Confirmation application – to the local Sheriff Court
- Paying debts, taxes, and expenses – such as Inheritance Tax and funeral costs
- Distributing the estate – in line with the Will or legal rules
We also help with more complex estates involving foreign property, business interests, disputes, or missing beneficiaries.
What If There’s No Will?
When someone dies without a Will, their estate is distributed according to Scotland’s intestacy laws. This may involve:
- Applying to be appointed as executor (known as an executor-dative)
- Seeking bonds of caution (insurance) if required
- Following strict rules about who inherits (starting with spouse and children)
We’ll advise you on what’s required and help you carry out your legal duties properly and efficiently.
Why Choose Pomphreys Solicitors?
We’ve helped generations of families across Wishaw and Lanarkshire with executry matters. Clients trust us because:
- ✅ We combine legal skill with empathy and patience
- ✅ We keep the process as smooth and stress-free as possible
- ✅ We explain everything in plain English
- ✅ We offer fixed-fee options where appropriate
Losing someone is hard enough. Let us take the legal burden off your shoulders.
Trusted Support Through the Executry Process
WHandling a loved one’s estate can feel overwhelming—especially when legal paperwork is involved. Pomphreys Solicitors will guide you through Confirmation and estate administration with care and clarity. Contact us today for expert executry advice in Wishaw and beyond.
You may also wish to explore:
- Making a Will – to prevent future uncertainty for your family
- Power of Attorney – to plan for incapacity while you’re still alive
- Estate Planning – to manage tax, gifts, and asset transfers
❓ Common Questions about dealing with Estates and obtaining Confirmation
How long does it take to get Confirmation?
There is no fixed timescale. Much depends on the size and complexity of the estate and the speed of debtors and creditors to the estate providing information. The aim, of course, is to obtain Confirmation as soon as possible, bearing in mind that any Inheritance Tax must be paid within six months of the date of death, otherwise interest will accrue.
Do I need a solicitor to apply for Confirmation?
Not legally, but the process involves legal documents and valuation work. Most executors choose a solicitor to avoid mistakes and delays.
What if there’s a dispute?
We can advise on resolving disputes between executors or beneficiaries and represent you in court if needed.
