Grant of Probate Scotland: Understanding Confirmation
Handling the estate of a loved one is never easy, and the legal terminology can make it even more confusing.
Terms such as Grant of Probate, Letters of Administration and Confirmation are often used by banks and other institutions — but what do they mean, and how do they differ across England, Wales and Scotland?
What Is a Grant of Probate? (England & Wales)
A Grant of Probate is a legal document that allows an Executor to manage and distribute a deceased person’s estate.
It applies when the deceased was domiciled (legally residing) in England or Wales; and the deceased had made a valid will.
With a Grant of Probate, the Executor can access bank accounts, pay debts and distribute assets to beneficiaries.
What Are Letters of Administration?
If someone dies in England or Wales without a valid will, the process is different.
Instead of a Grant of Probate, the court issues Letters of Administration, which give authority to an Administrator to manage the estate.
What Is the Equivalent in Scotland?
In Scotland, there is no “Grant of Probate” or “Letters of Administration”. Instead, the process is known as a Grant of Confirmation.
A Grant of Confirmation is required when the deceased was domiciled (legally residing) in Scotland. Unlike England and Wales, Confirmation applies whether or not a will exists.
How Does a Grant of Confirmation Work?
The Grant of Confirmation is a formal declaration by the Executor that the estate’s inventory is accurate.
This includes assets such as property, vehicles, bank accounts and investments, and debts such as loans, credit cards or outstanding bills
The inventory helps determine the estate’s value and whether Inheritance Tax is payable.
The application is made to the Sheriff Court in the area where the deceased lived. Choosing the correct court can be tricky, but the Scottish Courts website provides guidance on court boundaries.
Why Is Confirmation Important?
Once granted, the Grant of Confirmation gives the Executor legal authority to:
- Sell property or transfer title deeds
- Withdraw money from bank accounts
- Transfer or sell shares
- Distribute funds to beneficiaries
In some smaller estates, third parties may release funds without Confirmation — but it’s always best to check requirements before applying.
At Weir Law, we guide Executors through the estate administration process, from preparing the Grant of Confirmation application to dealing with banks, property, and tax requirements. Contact us today for a free chat on 0141 628 5544, email info@weirlaw.co.uk or Make An Online Enquiry.