What is an Estate?

Confirmation is a legal document issued by the Sheriff Court which provides the Executor with the legal authority to deal with all of the assets in an estate. This includes the ability to close bank accounts, uplift balances and sell or transfer property. By issuing Confirmation, this means that the Court has confirmed that the Executor has the right to administer the estate in terms of the deceased’s Will or the law if there is no Will. It is important to note that when Confirmation is issued, the Court will also issue individual Certificates of Confirmation for each asset in the estate to allow each to be dealt with. 

In short, yes! Confirmation is almost always required. More often than not, financial institutions such as banks, share providers, life insurance providers etc will request sight of a Certificate of Confirmation before releasing any balances due to the estate. This is especially the case if the balance is fairly substantial. However, there is no threshold applied as to when banks will release monies and so a Certificate of Confirmation ensures that the balance can be released without delay. Companies prefer having a Certificate of Confirmation as this is proof that the Executor has the authority to deal with the assets involved. Without it, you may find that the monies will not be released meaning the estate cannot be dealt with.

The only reason you would not require Confirmation is if the deceased’s estate was very small (typically under a few thousand pounds) or if the deceased owned everything jointly and every single asset passes to the joint owner.

Before reaching the stage of submitting the Confirmation application to Court, an Executor must compile an inventory of the deceased’s estate, noting all assets they held together with relevant date of death balances. This provides the Court with an overall snapshot of the value of a deceased’s estate. The deceased would require to own an asset in Scotland in order for Confirmation to be applied for. Typically this will be a property or a bank account.

It is always best to seek our assistance in completing the inventory. We work closely with various organisations which can speed up the process of seeking date-of-death valuations of assets.

If the deceased left a Will, the executor – who has the responsibility for gathering and distributing the deceased’s estate – will have been named in the Will. The appointment will need to be confirmed by the Sherriff Court and we can help with the application. If the nominee is unable or unwilling to take up the position, it will be necessary to appoint another person. More details about the role of an executor can be found further down the page.

If the deceased died without leaving a Will, (they die ‘intestate’), an executor, known as the ‘executor dative’, will need to be appointed by the Sherriff Court. This will require a writ being lodged in Court which we can arrange. There are certain automatic legal rights over the deceased’s “moveable” estate for the spouse and children which also needs to be acknowledged.
Dealing with an intestate estate can be a costly, emotional and time-consuming process. Without a will, the deceased cannot provide any specific wishes as to who should inherit their estate. Family dynamics and non-traditional families are not considered when the state divides up the assets of the estate. For example, a spouse or civil partner will be automatically entitled to ‘Prior Rights’, however, it should be noted that even if the deceased was separated from their partner, their ex-partner could still be entitled to certain rights on the estate.

If the deceased was in a cohabitating couple and dies intestate, their partner has no right to inherit their assets, regardless of how long they have been together. Assets will instead be divided between the legal next of kin, including children, siblings and parents. The division of assets can have a devastating effect on certain family members or friends of the deceased who believe they should be entitled to part of the assets. This in turn can spark family feuds and a host of problems for the executor should the potential beneficiaries put forward a claim against the estate.

This is dependent on what assets make up the estate. For example, if it is very straightforward with no property to sell and a single bank account, it will take a minimum of 6 months. However, the majority of estates take around 12 months. The reason for these timescales is that estates rely on the involvement of third parties such as banks, pension providers etc to provide them with information and they themselves can have long turnaround times. For complex estates where there is HMRC involvement, a property to sell, shares etc, we would anticipate that it could take up to 2 years for all matters to be dealt with.

An Executor is a person entrusted with the responsibility of managing and distributing the assets and possessions of the deceased as per their wishes outlined in a Will. An Executor can also be appointed by the Court if there is no Will.

An Executor is responsible for handling all of the personal affairs of the deceased. This includes investigating their personal estate, applying for Confirmation to the Court (known in England as “Probate”), ingathering the estate and distributing it all.

Timescales, responsibilities and roles may vary depending on the size and complexity of the estate.

Executors(s) are responsible for liaising with the beneficiaries, family members, creditors, utility companies, banks etc. They are also responsible for selling or transferring property, getting support to calculate and pay any Inheritance Tax due and more. Essentially, an Executors take responsibility for everything left behind by the deceased.

This is where we come in. We help by providing the advice and guidance you need to navigate the process step-by-step to ensure nothing is left undone.

An Executor must be someone you trust.

You can appoint any adult to be your Executor in your Will. Usually they are family members or close friends.

When there is no Will, then the law provides a specific order of priority for appointing Executors, typically starting with the surviving spouse or civil partner, followed by children, then other close relatives. Our award winning team can help you navigate this process.

We can be your professional Executor, saving time and stress and giving confidence that things are being done correctly.

Once an Executor knows the overall value of the estate, they will then need to determine if Inheritance Tax (IHT) is due. There are particular thresholds which HMRC apply. If a person’s estate exceeds £325,000, then inheritance Tax must be paid within 6 months of a person’s date of death. This needs to be paid from the estate before any monies can be distributed.

Unfortunately, families fall out, especially after someone dies. This happens for many reasons ranging from someone being cut out of a Will to someone leaving their entire estate to charity. This is very upsetting and can cost thousands of pounds in lost inheritance. However, our bereavement specialists can help provide strategic advice to best protect your interests.