If you have been appointed the executor of an estate in terms of a will, you must apply to the court to obtain Confirmation to that estate. This is commonly called ‘applying for probate’ although this terms actually only applies to England and Wales. In Scotland, the correct term for the process of applying for legal permission to wind up an estate is called 'Confirmation'. Based in Glasgow, Wilson and Fish's probate lawyers are specialists in executry and confirmation (the Scottish equivalent of probate). Contact Wilson & Fish today on 0141 222 7951 or fill out our online enquiry form.
Winding Up an Estate in Scotland – Probate & Executry Legal Advice
The legal system in Scotland is distinct from that of England & Wales and there are different rules which apply when it comes to winding up an estate.
The first step in winding up an estate is to apply for legal permission to wind up the estate. This permission is known as ‘a grant of probate’ in England & Wales and as ‘grant of confirmation’ in Scotland. This application is made to the Sheriff court in the area in which the deceased last lived.
Once this permission is granted, you, as the executor (or one of the executors) can begin to wind up the deceased’s estate. Confirmation/probate allows you to receive and make payments from/to the deceased’s estate, to ‘in-gather’ the deceased’s assets and to distribute these according to the will.
Nowadays, many estates have an international dimension. As people become better-travelled, it’s more common for us to hold property and assets overseas. If the estate for which you are responsible includes assets or property overseas, or if you are winding up an estate which includes assets located in Scotland, we can help.
Probate Best Practice in Scotland
Legal assistance in winding up an estate in Scotland is not mandatory, but it is something we recommend as best practice. Knowing what to do after a loved one's death can be stressful without the added burden of dealing with the legalities of bringing their affairs to an end on your own. We have extensive experience of executry work in including applying for “probate” in Scotland (confirmation) and can steer you through the process of bringing your loved one’s affairs to an orderly and dignified conclusion. Enlisting a probate/confirmation lawyer is straightforward, and any legal fees or out-of-pocket expenses are paid by the deceased’s estate.
"Mark Wilson was very helpful and efficient. Everything that he said he would do was done and in a very professional manner." G.Rennie
At Wilson & Fish Solicitors, we can help you:
- Prepare for your role as executor
- Register the death
- Apply for probate/confirmation
- Help with completing the necessary forms and documentation
- Deal with inheritance tax (IHT)
- Locate and identify beneficiaries
- ‘in-gather’ the estate and realising assets including property, investments, pensions, salary and savings
- Distribute the estate
- Deal with any other matters which arise
Contact our Expert Probate Solicitors Glasgow, Scotland
Mark Wilson was very helpful and efficient . Everything that he said he would do was done and in a very professional manner. His advice and charges were honest and fair.We will be continuing to use Wilson and Fish for all our legal requirements. - Grant Rennie