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How to check if Confirmation is needed
Around half of estates in Scotland need Confirmation (Scottish Probate). Estates with a property or large amounts of money normally need Confirmation, but there are exceptions.
When you need Confirmation
You will need to get Confirmation if:
a company has asked to see Confirmation/Probate before they will let you deal with an account/asset, or
the estate includes a property that does not have any other living owners, or
the estate includes a property with other living owners and no survivorship clause
If a company asks for Confirmation, it may be possible to ask them to reconsider as it is at the company’s discretion and not a legal requirement.
When you do not need Confirmation
You may not need Confirmation if the person who died:
only had money with companies that are willing to pay it out without seeing Confirmation/Probate. For example, Bank of Scotland will pay out if the total of the accounts is less than £50,000 and there is a Will. When notifying companies of the death, ask how much money is in the accounts and what their requirements are to release it to you.
only had money in joint accounts. These accounts will be put into the surviving account holder's name after notifying the company of the death. Some of the money in these accounts might still be due to others, depending on how the estate is distributed.
owned property or land jointly with someone who is still alive and the title has a survivorship clause (this will be stated in the title deeds). This means it already passed to the surviving owner.
Not sure if you need Confirmation?
Contact each asset holder (for example a bank or insurance company) to find out if you’ll need Confirmation/Probate to get access to their assets. Every organisation has its own rules.
Some situations are often more complex than they appear. If there are trusts involved, we’d recommend contacting the person or firm that set it up for clarification.
If you're not sure, contact us.
We are also happy to look over title deeds to check if you need Confirmation. Email a scan or photo of the title deeds to: hello@myprobatepartner.co.uk
Who needs to apply for Confirmation
The person who needs to apply for Confirmation is the Executor of the estate. This is the person entitled to deal with the deceased person’s assets.
If the person left a Will, the Executor or Executors will be named in that Will. If there is not a Will, the law dictates who should be Executor.
Not the Executor?
If you are not the Executor, you cannot apply for Confirmation. However, an existing Executor can get a special deed to transfer you this authority. Contact us if you need help with this.
Ready to check if you need Confirmation?
Use our free tool to find out if Confirmation is needed.