Most Executors in Scotland do not need a solicitor to apply for Confirmation. However, applying without any support carries significant risks. These include delays, rejections, and repeated contact with the court. Solicitors can help, but this is often expensive and takes a long time.
This guide explains when you might need legal support, what the hidden costs and risks are with each option, and how to avoid unnecessary complexity or expense.
Summary comparison
| Cost | Speed | Risk of error/delay | Suitability |
Court fee only | Unpredictable | High | Simple estates and Executors with lots of spare time and confidence | |
Typically £3,000-£6,000, often more | Often 6-12 months | Low | Contentious or very complex estates | |
Fixed fee (from £595) + court fee | Typically 2 weeks + court processing | Low | Most estates with no disputes |
What affects estate complexity?
Other than the value, there can be various factors that make an estate more complicated to deal with by yourself. We help lots of people to navigate these issues.
Common complications when administering an estate
Area | Issue |
Property | Understanding the ownership situation and the differences between registered and unregistered titles |
Inheritance tax | Using exemptions to avoid paying Inheritance Tax
|
Wills | Unclear instructions, or signing irregularities
|
Executor changes | Executors who either cannot act or don’t want to act |
Complicated assets | Unusual assets, like foreign assets, business interests, or trusts
|
Disputes | Executors who cannot agree with each other, or conflict between Executors and family members or other beneficiaries |
Option 1: DIY (applying without any support)
Summary
Most people can apply for Confirmation without any support, but this frequently leads to court rejection and delays.
Who it’s for
For estates with no complications, the DIY Confirmation route is doable if the Executors have the time to commit to it, are confident dealing with complicated administration, and are not in a hurry to complete the estate.
Key risks
Unclear guidance: The C1 form guidance that the government provides does not tell Executors what the court wants in the application. The Court cannot offer help if the estate is worth more than £36,000.
High rejection rate: Even minor mistakes can result in the application being returned, with no clear explanation of why.
To-ing and fro-ing: Executors can become stuck in a loop of resubmissions with no end in sight, going to the back of the queue each time.
Hidden time costs: Executors often underestimate the workload involved, especially if balancing this with employment or caring responsibilities.
Option 2: Solicitor
Summary
A traditional legal route, suitable for complex estates or those with no desire or patience to deal with the court or financial organisations.
Who it’s for
Using a solicitor might be right for you if you need legal help managing disputes or contentious estates. They will also deal with most third parties on your behalf.
Compared to the DIY route, your application is less likely to be rejected first time, though there’s still a high rejection rate which causes delays.
Key risks
High cost: Costs depend on the estate size and complexity, but typically come to £3,000-£6,000, often even more.
Long delays: Solicitors often have slow internal processes and typically don’t have the same sense of urgency that Executors do. This means cases can often take 6 to 12 months, sometimes longer.
Lack of transparency: Vague fee charging models and inconsistent communication are common.
Unnecessary for most estates: Using a solicitor to handle straightforward Confirmation is often unnecessary.
When do you have to use a solicitor?
There is no legal requirement to use a solicitor for Confirmation.
However, in the following cases, a solicitor may be the only practical route:
There’s no Will, and the estate is over £250,000 with no surviving spouse or civil partner. This is because of the Bond of Caution.
Executors cannot work together or the estate is contentious. For example, disputes between beneficiaries that might go to court.
If your situation feels complicated and you’re still not sure whether you need a solicitor, use our Smart Estate Assessment Tool to find out
Option 3: My Probate Partner
Summary
A fixed-fee support service with a 100% success rate, suitable for most estates with an Executor willing to do the legwork of contacting the organisations involved.
We offer:
application forms prepared and reviewed by experienced lawyers and paralegals
clear instructions on applying to the court and full support
transparent, fixed fees with no hidden costs
guidance on common issues, such as what to include in the estate, issues with Wills, and getting a Bond of Caution
Who it’s for
Using My Probate Partner is suitable for:
sole Executors, or Executors with no major disputes between them
people who are capable of gathering information about the estate, but want professional help with the legal process
people who want to avoid both the high costs of a solicitor and the risks of DIY
My Probate Partner is not a law firm, but our team includes lawyers and paralegals with decades of experience in probate and Confirmation.
The service offers the same legal accuracy as a law firm, without the overheads, delays, or hourly rates and percentage charges.
Choosing the right option
If the estate is simple and you are confident in navigating a confusing court process with minimal guidance, the DIY route might be possible – but comes with risks.
If the estate is complex or includes disputes, you might need a solicitor.
For most other situations, a fixed-fee service like My Probate Partner provides a faster, more cost-effective, and less stressful route to getting Confirmation.
Get help with estate administration
If you're using our support service, we’ll help you manage all your probate time limits and paperwork step by step.