What Is a Bond of Caution in Scotland?
When a loved one passes away without leaving a will, extra steps are required before you can apply for Confirmation of their estate at the Sheriff Court. One of the most important requirements in this situation is arranging a Bond of Caution.
A Bond of Caution is a type of insurance policy designed to protect beneficiaries from errors or misconduct by the Executor (the person administering the estate). It covers both honest mistakes and dishonest actions, and it also applies if someone who is not legally entitled applies for Confirmation.
When Is a Bond of Caution Required?
A Bond of Caution is usually required when the deceased died intestate (without a will), and no Executor has been appointed in advance
However, the Succession (Scotland) Act 2016 sets out a few exceptions where a Bond of Caution is not needed:
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Where the deceased’s spouse or civil partner inherits the entire estate.
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Where the estate is worth less than £36,000, classed as a small estate.
It’s worth noting that the Scottish Government has the power to update these rules, so future changes may be introduced.
Who Provides a Bond of Caution?
Although it is an insurance policy, a Bond of Caution is a specialist product available from only a few providers.
At Weir Law, we work closely with a number of bond providers in the UK to arrange these documents quickly and efficiently.
In practice, most bond providers only accept applications made through a solicitor. Those that do allow direct applications often charge significantly higher premiums, meaning that instructing a solicitor can save both time and money.
Bond of Caution Costs
The cost of a Bond of Caution depends on the size of the estate, but prices typically start at around £250.
This is usually reimbursed to the Executor from the estate once the Confirmation process is complete. However, it is an avoidable cost—if you prepare a valid will during your lifetime, your loved ones may not need to pay for a Bond of Caution at all.
Planning ahead with a will is one of the simplest ways to save your family stress and unnecessary expense.
Why Instruct a Solicitor for a Bond of Caution?
Working with a solicitor ensures:
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Faster and smoother application for Confirmation.
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Lower costs compared to applying directly with a bond provider.
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Guidance through complex estate administration processes.
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Peace of mind for executors and beneficiaries.
How We Can Help
At Weir Law, we regularly assist executors and families with estate administration and can quickly arrange a Bond of Caution where required.
For free advice or to talk with us about obtaining a Bond of Caution, contact us today on 0141 628 5544, email info@weirlaw.co.uk or Make An Online Enquiry