The probate process in Scotland can be a complex journey filled with uncertainties. One of the most common uncertainties people have is how long the probate process can take.  In this blog, we will explore probate timelines and proactive steps you can take to speed up the process. Here you’ll find: Factors that influence how long probate takes in Scotland Disputes and legal challenges that can slow down probate Estimated timeline of how long probate takes in Scotland Proactive steps to speed up the probate process Introduction to probate in Scotland Before we dive into how long pro ..read more

Your guide to navigating probate with confidence A Grant of Representation refers to the legal document that gives authority to the person(s) appointed to carry out the terms of someone’s will. In this comprehensive guide, we demystify the Grant of Representation in Scotland. We will explain its significance, the application process, and why understanding it is vital for anyone undertaking the probate process. Here you’ll find: What is the Grant of Representation? Does the Grant of Representation apply in Scotland? What is the Scottish equivalent of the Grant of Representation?  How t ..read more

Preparing for death, even just a little, can greatly reduce stress at what can be a very challenging time for those that live on. By taking a few simple steps, you can not only eliminate a lot of future stress, but there could be a huge cost saving, too. Why we recommend preparing for death There are some important reasons to go through the process of preparing for death.  It can bring family members closer together through deep and honest conversations about important things. People have told us that they are less fearful of someone’s death because they have a better idea of what wi ..read more

When applying for probate/confirmation, you’ll need to include a list of all the assets in the estate and the total of any outstanding debts. Valuing the estate will also help you to determine which probate forms you’ll need to use.  Not sure if you need to get probate? Use our free tool to check in 1 minute... Build a complete asset and debt profile You’ll need to create a list of all the assets and debts in the estate with their date of death values. You can do this by contacting all the organisations the deceased had a financial relationship with. You’ll usually need to show them a ..read more

In around half of all deaths, you’ll need to get a legal document that gives you the authority to deal with someone’s estate after they die. This is officially called a ‘Grant of Confirmation’ in Scotland, but often referred to as ‘probate’.  What is probate in Scotland? Officially called ‘Confirmation’, short for ‘Confirmation of Executors’, probate is a document issued by the Sheriff Court in Scotland. It gives someone the authority to deal with a deceased person’s estate - all their money, property, and other belongings. Probate can also be used to describe the whole process of dea ..read more

If you need or want to use a lawyer to apply for probate, the first thing to check is how they charge for their services. We recommend using a fixed fee service, but if you have to pay for a lawyer’s time, here we share some ways that you can keep costs down.  Do you need a lawyer? If there’s a valid will, or the estate is worth less than £36,000, then you don’t need one.  When you might need or want a lawyer: if there’s no will and the estate is worth more than £36,000 if there is inheritance tax to pay if there are complicated situations Find out more about when you may or ..read more

The Sheriff Court ‘probate’ or ‘confirmation’ process is open to members of the public to apply themselves. However, there are cases where it might be better to use a lawyer. We explain when you can apply yourself, when you might need to use a lawyer, and how we can help.  Important point: you do not need to use the solicitor who made the will or who is named as an executor. When you can apply for probate yourself If there’s a valid will , you don’t need to use a lawyer for probate. Regardless of whether there is a will or not, if the estate is worth less than £36,000, then the local ..read more

To apply for Confirmation in Scotland you always need to use the C1 form , also known as the ‘Confirmation Inventory’ or ‘Confirmation Form’. In this article, we explain what is in the form, what you need to complete it, and how we can help. What is confirmation (Scottish probate)? A Grant of Confirmation is a legal document issued by a Sheriff Court in Scotland that states which assets make up a deceased person’s estate and who is authorised to deal with them - the executor(s). In the rest of the English-speaking world this document is called a Grant of Probate, or just Probate. It may als ..read more

In Scotland, if there’s no will then it’s usually the next of kin who would be responsible for dealing with the financial and legal concerns of the person who died. In this post, we’ll walk you through the main things to consider when there is no will and tell you how we can help. The first week If the death was very recent, there are a number of things to do that shouldn’t really wait. Our free first week checklist will keep you right on this part of the process. Make sure there isn’t a will It’s really important to do a thorough search for a will. If you can’t find it in the deceased’s ..read more

In Scotland, uniquely, spouses/civil partners and children always have a right to inherit from the estate, even if they are deliberately left out of the will. This is the law and they have up to 20 years to claim their 'legal rights' from the date of death. In this post we’ll show you how legal rights work, what you have to do as an executor, and how we can help you. How legal rights work Legal rights, also referred to as the ‘legitim fund’, may have to be taken into account when the person who died has: a spouse/civil partner who was not left the entire estate any children who were not l ..read more