What is Confirmation and what is it for?
‘Confirmation’ refers to the legal documentation that gives someone the authority to deal with a person's assets after they die.
Assets
Their ‘assets’ include anything of value, including bank accounts, investments, and any property they own. The document itself is called a ‘Grant of Confirmation’ and is issued by the Sheriff Court in Scotland.
Executors
The person entitled to deal with the assets is called the ‘Executor’. An Executor is either appointed in a Will, or would be the spouse or nearest relative when there is no Will.
As an Executor, you might need Confirmation to prove to ‘asset holders’ (like banks) that you are the right person to deal with the deceased person’s assets. This will let you close or transfer accounts, and sell or transfer assets.
When you need to get Confirmation
Not all asset holders ask for Confirmation. Different banks have their own thresholds for how much money they will release without needing Confirmation.
Some limits are zero, meaning they will insist on seeing Confirmation for any amount. Some will release as much as £50,000 without needing Confirmation.
These amounts can also differ depending on whether there is a Will or not.
If the deceased person had any land or property, you will probably need to apply for Confirmation to deal with these assets, but there are exceptions.
If there is no land or property and no asset holder asks for Confirmation, you will probably not need it.
‘Probate’ or ‘Confirmation’?
The term ‘Confirmation’ is unique to Scotland. In the rest of the English-speaking world, this is usually called ‘Probate’. Despite the different names, these terms relate to the same thing: the legal document that gives authority to executors.
So if a company asks for a ‘Grant of Probate’, sending them the ‘Grant of Confirmation’ is the same thing. Confirmation is accepted anywhere in the UK.
You might come across other terms if dealing with companies or organisations across the UK. Here is how all the terms differ:
Different terms for ‘probate’ in the UK
Term | Issued by | Type of estate |
Grant of Confirmation | Sheriff Courts in Scotland | Estates in Scotland with or without a Will |
Grant of Probate | Probate Registry in England and Wales, or High Court in Northern Ireland | Estates with a Will in England, Wales or Northern Ireland |
Grant of Letters of Administration | Probate Registry in England and Wales, or High Court in Northern Ireland | Estates without a Will in England, Wales or Northern Ireland |
HMRC (the tax office) also uses the blanket term ‘Grant of Representation’ to refer to any of these legal documents. The ‘Grant of Confirmation’, ‘Grant of Letters of Administration’, and ‘Grant of Probate’ are types of ‘Grant of Representation’.
You will probably also see the generic term ‘probate’ used to refer to any of these terms.