How Scottish confirmation works, including executors-nominate and dative, the £36,000 small-estate route, prior and legal rights, C1 forms and court fees.
This guide is part of ProbateHelp's Probate Process guide cluster. Estimated reading time: 15 min.
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Confirmation is the Scottish court authority used to administer an estate. It performs a similar practical function to probate in England and Wales, but the application, terminology and succession rules are Scottish.
A sheriff clerk can help prepare the C1 inventory for a small estate of £36,000 or less. Scottish Courts says it cannot help applicants prepare a large-estate confirmation application or give legal advice.
No. A bond may be required where there is no will, but Scottish Courts lists exceptions, including qualifying small estates where the sheriff clerk prepares the inventory. The executor should check the requirement for the particular appointment before applying.
No. Prior rights apply on intestacy. Legal rights are different: a surviving spouse or civil partner and children can have legal-rights claims against the net moveable estate even where there is a will.
An eik is an addition to confirmation for an asset omitted from the original inventory or, in some cases, an amended asset description. HMRC directs executors to the Scottish corrective inventory form C4(S).
For a death on or after 1 January 2022, use C1(2022) and the C3(2006)(2022) notes. Older deaths use the form version specified on GOV.UK.