What is the Grant of Representation in Scotland?

A Grant of Representation refers to the legal document that gives authority to the person(s) appointed to carry out the terms of someone’s will.

In this comprehensive guide, we demystify the Grant of Representation in Scotland. We will explain its significance, the application process, and why understanding it is vital for anyone undertaking the probate process.

Here you’ll find:

• What is the Grant of Representation?
• Does the Grant of Representation apply in Scotland?
• What is the Scottish equivalent of the Grant of Representation? 
• How to obtain a Grant of Representation

What is the Grant of Representation? 

A “Grant of Representation” is the generic term for the legal document that is issued by the probate court in the estate of a deceased person in England and Wales.

In straightforward terms, it's the official green light from the probate court in England and Wales, that allows the designated executor or administrator to begin their role of administering the deceased person's estate.

Whether you've heard it as confirmation, probate, or letters of administration, it all has the same purpose. It's a legal document that gives authority to executors.

In England and Wales, there are two common documents that fall under the generic umbrella of “Grant of Representation”:

• Grant of Probate: This one comes into play when the person who died left a will, and in that will, they've named an executor. The executor applies for probate at a Probate Court and receives the Grant of Probate in the post.
• Grant of Letters of Administration: If there is no will left, the “Grant of Letters of Administration” is issued. Here, the rightful heir (under what’s called the rules of intestacy) steps up and seeks the authority to administer the estate.

Does the Grant of Representation apply in Scotland?

North of the border in Scotland, it's not a “Grant of Representation.” It is called “confirmation.” 

The Grant of Confirmation is the Scottish cousin of the Grant of Representation. It may not be called the same, but it serves a similar purpose.

It's quite common that you will come across times when these terms are used interchangeably. This is because a “Grant of Confirmation” can be umbrellaed under the more generic term of “Grant of Representation '' which encompasses a number of legal documents that can be used to administer an estate. 

Understand Scottish Confirmation and its differences from Grant of Representation

Confirmation is a legal document issued by the Sheriff Court and is unique to Scotland. 

You won’t ever be issued one in England or Wales, but it is accepted anywhere in the UK. For example, if the deceased person's estate is managed in Scotland, but they have a property in England, a Grant of Confirmation can be used to claim that property. 

Learn more about the differences between Scottish and English Probate on the Today’s Wills and Probate Podcast. Our CEO, Mike Davis, shares some great insights that can help anyone managing the probate process in Scotland.

In Scotland, unlike in England and Wales, the same document is given whether the deceased left a will or not. So there is no equivalent to a “Grant of Letters of Administration” in Scotland. 

However, if there is no Will, you will need to go through a separate court process to be appointed as the executor, and possibly have to obtain a special type of insurance called a 'Bond of Caution'. 

A Grant of Confirmation is needed for the executor to:

• Gather the deceased's assets
• Sell or transfer property
• Administer the estate as per the deceased's wishes or, in the absence of a Will, the law 

The court essentially confirms that the executor has the right to manage the deceased’s estate and trusts them with the task of asset distribution.

Importance of a Certificate of Confirmation

When your application for a Grant of Confirmation is accepted, the Sheriff can also issue one or several Certificates of Confirmation. Why might you need these?

Asset holders, especially for larger values, usually over £10,000, often demand to see a hard copy of the Grant of Confirmation before giving access to the deceased's assets. Instead of posting the grant, you can order a certificate for the specific asset to send to the asset holder.

But it is also worth noting that there is no set value that the asset holders start asking for this document. It's set by their own organisational policy. For example, it's £5,000 for NS&I and £50,000 for Bank of Scotland. So even smaller estates may need to apply for a Certificate of Confirmation to get access to the estate's assets.

The reason asset holders ask for this document is that it's their proof that the executor has the rightful authority to handle the funds. Without it, access to assets might be denied, and the executors may be prevented from distributing assets to beneficiaries.

So, while the legal process might have different steps in Scotland, the overarching purpose remains the same. 

Whether it's a “Grant of Representation” in England or a “Confirmation” in Scotland, both are key to ensuring that the executor can aptly navigate the administration of the deceased's assets.

How to obtain a Grant of Confirmation in Scotland: A step-by-step guide

1. Determine the need for Grant of Confirmation

Assess whether a Grant of Representation is required for the estate. You can find this out by assessing the assets in the estate and reaching out to the asset holders to see if they require you to have a Grant of Confirmation. While it's often a necessity, there are exceptions for smaller estates or jointly owned assets.

2. Gather essential documents

Compile the necessary documentation. This will include the death certificate, the deceased's will (if applicable), and details of the estate's assets and debts.

3. Complete the application form

Obtain the relevant application form for Confirmation in Scotland (known as the C1 form). 

Download the C1 form the GOV.UK website

Carefully fill it out.

This document often gets rejected by the Sheriff Court so it's important that you are meticulous as you fill it out. Many executors struggle with this form as it doesn't clearly ask for the information the court wants to see. 

It also uses a lot of rather old-fashioned legal language which gets confusing. And to top it off it needs to be submitted with specific formatting, which isn't made clear in the instructions.

If you’re struggling to fill out the C1 form, you might want to consider a service like that offered by My Probate Partner. Our Probate with a Will service aims to guide executors through the process of closing down someone’s financial affairs and can help ensure your C1 form gets accepted (we can also help when there is no Will).

If the gross estate is worth less than £36,000, the Sheriff Court will help you free of charge.

4. Submit the application to the Sheriff Court

Lodge the completed application form, along with the required documents, at the local Sheriff Court. Be mindful of the specific court jurisdiction based on the deceased's residence.

You can find the local Sherrif Court for the deceased's address by searching it on the Scot Courts website. 

5. Pay the application fee

Prepare for the associated fees. The cost can vary, so check the current fee structure and submit the payment along with your application.

Fees look like this:

• Estates up to £50,000 = Free
• Estates £50k - £250k = £282
• Estates over £250k = £565

When the application has been successful, the court will phone for payment. Alternatively, the court also accepts cheques.

6. Await Confirmation

Once submitted, the court will review your application. The processing time can vary, but patience is key. The court may request additional information if needed.

7. Receive Grant of Confirmation and Certificate

Upon approval, the court will issue the Confirmation document, providing the legal authority to administer the estate. A Certificate of Confirmation may also be provided for each asset.

Once you have the Grant of Confirmation, you have full authority to manage the estate as if the assets were your own. 

Grant of Representation Scotland FAQs

What is the Scottish equivalent of the Grant of Representation?

In Scotland, the equivalent is called the 'Grant of Confirmation,' serving the same purpose as the Grant of Representation in England, Wales and Northern Ireland.

Is the English term 'Grant of Representation' applicable in Scotland?

While technically different, the English term is often used in Scotland interchangeably with Confirmation due to their similar functions.

Do I need a Grant of Confirmation in Scottish probate?

Usually yes, especially for assets of higher value, as it serves as proof to asset holders that you have the authority to manage the deceased's assets.

What determines whether Confirmation is necessary for the estate in Scotland?

If an asset holder requests it, or if there is a property and there isn’t a ‘survivorship clause’ in the title deeds.

How long does it take to obtain Confirmation in Scotland?

The timeline for obtaining Confirmation in Scotland can vary based on factors such as the complexity of the estate and the efficiency of the local Sheriff Court.

Edinburgh and Glasgow Sheriff Courts can take as long as 12 weeks. However, some smaller courts can take a few hours to a few days.

How My Probate Partner can help

My Probate Partner is dedicated to easing the probate journey for people dealing with death in Scotland. Our mission is to offer more than just assistance; it's about providing a supportive hand to those dealing with the challenges and anxieties that often accompany bereavement.

We have helped hundreds of executors to get their applications through every Sheriff Court in Scotland. We have a 100% success rate for all our checked forms and 100% 5-star reviews on Trustpilot.