When someone passes away, before the process of winding up the estate can begin, a legal document referred to in Scotland as the “Confirmation” must be obtained. In other parts of the United Kingdom, this document is known as “Probate”. Completing the Confirmation process and obtaining this document allows the Executor of the Will to prove their right to wind up the estate. A Confirmation document is required in instances including having money released from banks or insurance companies to allow the Executor to move forward with winding up the estate. For advice on beginning the Confirmation process, please contact one of our specialist solicitors - all contact details for both the Motherwell and Wishaw Freelands Solicitors offices can be found on our contact page.
Who is responsible for obtaining the Certificate of Confirmation?
It is the responsibility of the nominated Executor of your Will to obtain Confirmation. As it is their duty to divide the assets in the estate between the named beneficiaries, they must first prove that they have the authority to do so. This is a process which must be gone through with the court, and can take around three months to complete under normal circumstances. To find out more about the duties associated with being an Executor, please visit our Executry and What Should I Include in my Will pages.
Where do I apply for a Grant of Confirmation?
Confirmation must be applied for by lodging an application with the Sheriff Court. For assistance in lodging this application, and to have one of our experts talk you through the process, book a meeting with Freelands Solicitors today.
What type of Confirmation do I need?
In order to lodge an application for Confirmation, the Executor must make a detailed inventory, including all money and any property (with a total value) which belonged to the deceased. This inventory will then be passed to the court, alongside the application for Confirmation, to enable the courts to process the document. There are two different types of Confirmation - one for “small estates” and one for “large estates”, and the type you will require depends entirely on the value of the estate. For more information on the type of Confirmation required, give Freelands Solicitors a call - contact details for both our Motherwell and Wishaw offices can be found at the bottom of this article, or on our “contact us” page.
Contact our expert Wills, Trusts & Executry Solicitors in Motherwell & Wishaw
At Freelands Solicitors, our specialist wills solicitors can provide straight-talking, honest and practical advice when it comes to obtaining a Certificate of Confirmation. If you require assistance in lodging an application, figuring out what type of Confirmation is required, or any other part of the process of winding up a loved one’s estate, then please get in touch using our online contact form. Alternatively, please call our Motherwell Office on 01698 352600 or Wishaw Office on 01698 355936