A number of unfamiliar terms can arise when you are an Executor dealing with the estate of a loved-one who has passed away. Often you’ll be asked for Confirmation or Probate by a bank or other institution. So what is the difference between Probate and Confirmation?
The grant of probate in England and Wales and the grant of Confirmation in Scotland are both legal processes that allow an individual—typically an Executor—to manage and distribute a deceased person’s estate. However, there are important differences between the two.
Although it is usually clear which jurisdiction applies, it is always advisable to seek legal advice if you are unsure.
When to Apply
In England and Wales, probate is applied for when someone has passed away leaving a will. It must be granted before the estate’s assets can be distributed.
Where a person has died without a will, a separate process known as letters of administration is followed. In this case, the court appoints an individual—usually a close relative—to act as administrator of the estate.
In Scotland, confirmation is required whether or not the deceased left a will. While the steps involved differ slightly depending on whether there is a will, the overall process is still referred to as confirmation.
How It’s Issued
Since 1971, probate in England and Wales has been issued by the Probate Registry, part of the Family Division of the High Court.
In Scotland, confirmation must be lodged with the Sheriff Court that has jurisdiction over the area where the deceased was domiciled (i.e., legally resident) at the time of their death.
One potentially tricky part of this process in Scotland is ensuring the application is submitted to the correct Sheriff Court. Jurisdictional boundaries can be rigid, so it’s important to be precise about where the deceased lived. The Scottish Courts website can help identify the correct court, and a solicitor can provide guidance if there is any uncertainty.
What Is Required
The requirements for confirmation in Scotland vary depending on the type and value of the estate’s assets.
In general, an Inventory of Estate must be prepared. This is a list of all the deceased’s assets and liabilities and is used to assess whether Inheritance Tax (IHT) is due.
In England and Wales, although an inventory is not required in the same form, certain IHT forms must be completed depending on the estate’s value. Executors must also sign a declaration confirming that they will keep full and accurate records of the estate.
This requirement can be challenging in practice, especially where valuations are unclear or documentation is incomplete. If there are significant assets—such as property—or disputes within the family, it is sensible to instruct a solicitor to ensure everything is handled correctly.
The Administration of Estates Act 1971
A common question is:
Will a Scottish grant of confirmation be legally recognised in England, and vice versa?
The short answer is yes.
The Administration of Estates Act 1971 provides for reciprocal recognition of grants of probate and confirmation across the UK. This means that a grant issued in one part of the UK (e.g., Scotland) will generally be accepted in another (e.g., England or Northern Ireland) without the need for a fresh application or reissue.
Key points to note:
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The legislation applies both to documents issued before and after 1971.
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There is no requirement for a formal “resealing” process to validate the document in another UK jurisdiction.
However, this reciprocal recognition applies only to the documents themselves. It does not extend to the procedural rules or legal tests specific to each jurisdiction, as discussed earlier in this blog.
How We Can Help
As an executor or personal representative, you are not legally required to instruct a solicitor to handle the estate administration process. However, these processes can be complex, time-consuming, and emotionally draining—particularly during a period of bereavement.
At Weir Law, our goal is to reduce the burden on you and your family at a difficult time. We provide clear, professional guidance tailored to your situation, whether the estate involves assets in Scotland, England, or beyond.
If you’re looking for legal advice, we’re here to help. Contact us today for a free chat on 0141 628 5544, email info@weirlaw.co.uk or Make An Online Enquiry.