Confirmation

What is a Confirmation ?

A Confirmation, or Letter of Confirmation, is a legal document issued by the Scottish courts that verifies the Executor of a Will has the legal authority to distribute the deceased person’s estate. 

This document is essential for presenting to banks and financial institutions to facilitate the transfer of money, property, shares, insurance policies, pensions, or other assets in accordance with the Will.

What's Involved in Applying for Confirmation?

To have Confirmation granted by the court, the Executor must submit an inventory listing all the deceased person’s assets and liabilities as of the date of death, along with the application for Confirmation. Every asset and liability must be disclosed in this inventory.

  • If you are uncertain whether Confirmation is necessary, it is advisable to seek professional legal advice.
  • Once Confirmation is granted, the Executor has the legal authority to manage the deceased person's assets and liabilities and distribute the estate accordingly.
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Close up lawyer businessman working or reading lawbook in office workplace for consultant lawyer concept.Lawyer working at table in office, focus on scales of justice

What Are the Legal and Court Costs Involved in Winding Up an Estate?

The costs involved in winding up an estate vary based on the estate’s size and the time required to investigate the deceased person’s assets and liabilities and to apply for Confirmation from the court.

Many people managing a deceased person’s estate may lack the time, expertise, or funds to handle the initial expenses. It is crucial for the Executor to handle matters accurately, as mistakes can be costly.

We can alleviate this burden for the Executor. You will be pleased to know that we can find you the right solicitor to make this a little easier for you.

How Long Does It Take to Wind Up an Estate?

The process of applying for Confirmation can be relatively complex, making it difficult to predict an exact timescale.

Several factors can influence the duration of winding up an estate, including the extent of the assets and liabilities, whether there is a property to be sold, if there is a Will, and if there are any Legal Rights claims, among others.

Additionally, foreign assets can cause further delays.

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