Best Probate Lawyers in Aberdeen

About Probate Law in Aberdeen, United Kingdom

In Scotland, the court process commonly known as probate is called Confirmation. If someone dies with property or money in their sole name, the executor must usually obtain Confirmation from the Sheriff Court before financial institutions will release funds or before heritable property in Scotland can be sold or transferred. In Aberdeen, applications are handled by Aberdeen Sheriff Court, which is part of the Scottish Courts and Tribunals Service. The legal rules are set by Scots law, which differs from the law in England and Wales, so Scottish terminology and procedures apply. The person appointed to deal with the estate is called the executor. If there is a will, the executor is usually named in it and is called an executor nominate. If there is no will, the court appoints an executor dative.

Confirmation involves preparing an inventory of everything the person owned at the date of death, reporting inheritance tax to HM Revenue and Customs if required, and submitting the formal application to the Sheriff Court. Once the court grants Confirmation, the executor can collect the assets, pay debts and taxes, and distribute what remains to the correct beneficiaries under the will or under the Scottish rules of intestacy. Simple estates can sometimes be completed within months. More complex estates can take longer, especially where there is property to sell, inheritance tax to pay, or any disputes.

Why You May Need a Lawyer

Many people are able to deal with a straightforward Scottish estate without a solicitor, especially where the estate is small, the family situation is simple, and there is a clear will. However, legal help is often valuable, and sometimes essential, in situations such as the following. There is no will and you need to apply to be executor dative, which may involve a bond of caution from an insurer unless an exemption applies. There is heritable property in Scotland to sell or transfer. The estate may be subject to inheritance tax or needs a full HMRC return. The family tree is complex or there are children from previous relationships. There are potential claims for legal rights by a spouse, civil partner, or children, which can affect the shares set out in the will. There are business interests, trusts, agricultural assets, or overseas or cross border assets. There is a dispute about the validity of the will or about how to interpret it. An asset holder has rejected the paperwork or asked for additional court documents. You want to protect the executor from personal risk, for example by advertising for creditors and following best practice on accounting and distribution. A solicitor experienced in Scottish executry law can guide you, prepare the forms, liaise with HMRC and the court, and help you avoid costly mistakes.

Local Laws Overview

Scotland has its own succession law and court procedures. Key points that are particularly relevant in Aberdeen are as follows. The court order is called Confirmation and it is granted by the Sheriff Court. Applications use form C1 with a detailed inventory of assets and debts as at the date of death. The separate C5 form previously used for small or excepted estates is no longer used for deaths on or after 1 January 2022. For estates that qualify as excepted, you normally do not send an inheritance tax return to HM Revenue and Customs, although you still complete the C1 and keep records. If the estate does not qualify as excepted, or if tax is due, you must submit HMRC form IHT400 with the relevant schedules before applying for Confirmation. Inheritance tax is a UK wide tax and is administered by HMRC. The nil rate band and residence nil rate band rules apply in Scotland.

If there is a valid Scottish will, the executor nominate applies. If there is no will, an executor dative is appointed by the Sheriff Court. A bond of caution is often required for an executor dative, although there are exemptions in some situations, for example for certain small estates and often where the surviving spouse or civil partner is applying. The rules of intestacy are set by the Succession Scotland Act 1964 as amended, and include prior rights and legal rights. Prior rights give a surviving spouse or civil partner fixed entitlements to the home, furniture and furnishings, and a cash sum before the remainder is divided. Legal rights give the surviving spouse or civil partner and children a share of the moveable estate regardless of what the will says. These rights can affect how the estate is shared out and must be considered by the executor.

There is a Scottish small estate procedure for estates not exceeding a set threshold. As at the time of writing, a small estate in Scotland is one with a total value not exceeding 36,000 pounds, although you should check the current threshold with the Scottish Courts and Tribunals Service. The Sheriff Clerk can provide assistance with small estate applications. Publication of a Notice to Creditors in the Edinburgh Gazette is a common Scottish practice to alert unknown creditors and reduce the personal risk to the executor before distributing the estate. Property in Scotland is recorded with Registers of Scotland, and a sale or transfer will require Confirmation first. Some assets held outside Scotland may require separate grants in other jurisdictions even if you have Scottish Confirmation.

Frequently Asked Questions

What is Confirmation and how is it different from probate

Confirmation is the Scottish court process for authorising an executor to administer a deceased person’s estate. It serves a similar purpose to probate in England and Wales but follows Scots law and uses Scottish forms. The court issues a certificate of Confirmation listing the assets in the inventory, which the executor then uses to collect and transfer those assets.

Do I always need Confirmation

Not always. Some assets pass automatically, such as property or accounts held in joint names with survivorship. Some banks will release small balances without Confirmation if the executor signs an indemnity, but limits vary by institution. If there is heritable property in Scotland in the deceased’s sole name, you will normally need Confirmation to sell or transfer it.

Which court handles applications in Aberdeen

Aberdeen Sheriff Court deals with applications for Confirmation for people domiciled in its area or where the estate falls within its jurisdiction. You can usually submit the application by post or in person. The court fee depends on the value of the estate and is set by the Scottish Courts and Tribunals Service fee orders.

What forms do I need to apply

You normally complete the C1 application form with an inventory of all assets and debts as at the date of death. For deaths on or after 1 January 2022, small or excepted estates do not use C5. If the estate is not excepted or tax is due, you must submit HMRC form IHT400 with any required schedules to HM Revenue and Customs before applying to the court. You then include proof of the HMRC submission with your C1.

When is inheritance tax due and how is it paid

Inheritance tax is due six months after the end of the month of death. Interest can accrue after that date. Tax on certain assets, such as land and some shares, can sometimes be paid by instalments. You usually need an HMRC reference and must arrange payment of any due tax before the court will grant Confirmation in taxable cases. Even if no tax is due, the estate must meet the reporting rules.

What happens if there is no will

If there is no will, someone must apply to the Sheriff Court to be appointed as executor dative. The order of priority is set by law, usually starting with the surviving spouse or civil partner, then children, and so on. A bond of caution from an insurer is often required, although there are exemptions in some cases. The estate is then distributed according to Scots law of intestacy, which includes prior rights and legal rights.

What are prior rights and legal rights

Prior rights give the surviving spouse or civil partner first call on the home, furniture and furnishings, and a cash sum from the estate, subject to statutory limits. Legal rights give the surviving spouse or civil partner and children a fixed share of the moveable estate, which applies even against the terms of a will. Executors must identify and satisfy these rights before distributing the rest of the estate.

What is a small estate and does it make the process easier

A small estate in Scotland is one with a total value not exceeding 36,000 pounds, although thresholds can change. The Sheriff Clerk can help with the paperwork for small estates and a simplified process is available. Even in a small estate, you still need accurate valuations and must settle debts and any tax before making distributions.

Should I advertise for creditors

It is common in Scotland to place a Notice to Creditors in the Edinburgh Gazette and a local newspaper. This gives potential creditors an opportunity to come forward and can help protect the executor from personal liability for unknown debts. Many executors wait a reasonable period after the notices before distributing the estate.

How long does Confirmation take in Aberdeen

Timeframes vary. For a simple estate with a clear will and straightforward assets, many applications are granted within a few weeks of submission, provided the forms are complete and any HMRC reporting has been dealt with. More complex estates can take several months. If there is property to sell, disputes to resolve, or tax to pay, the overall administration can take a year or more.

Additional Resources

Scottish Courts and Tribunals Service. Provides the C1 form, fee information, and guidance on applying for Confirmation. Aberdeen Sheriff Court can advise on practical filing requirements and the small estate service provided by the Sheriff Clerk.

HM Revenue and Customs. Provides inheritance tax guidance, the IHT400 form and schedules, helplines for probate and inheritance tax, and information on payment methods and deadlines.

The Law Society of Scotland. Offers a find a solicitor service and guidance on choosing a solicitor who practises executry and succession law in Aberdeen and the surrounding area.

Citizens Advice Scotland. Provides free, independent advice on practical steps after a death, benefits, and where to get legal help.

The Edinburgh Gazette. Official journal where executors can place a Notice to Creditors to help protect against later claims.

Registers of Scotland. Provides information on transferring or selling Scottish heritable property and registering title once Confirmation has been granted.

National Records of Scotland. Holds historical wills and confirmation records, and provides guidance on obtaining copies of court confirmed documents when needed by institutions.

Aberdeen City Council Bereavement Services. Offers local practical information about deaths, funerals, and related support in Aberdeen.

Next Steps

Start by locating the original will, if there is one, and arranging for several official copies of the death certificate. List all assets and debts in the deceased’s name, including property, bank accounts, investments, life policies, vehicles, digital assets, and any business interests. Obtain date of death valuations from each institution and for property. Check whether the estate qualifies as a small estate and whether Confirmation is required for the assets involved.

Review the inheritance tax position. If the estate is excepted, you may not need to submit a full HMRC return, but you still need accurate figures for the C1. If a full return is required or tax is due, gather the information needed for form IHT400 and apply for an HMRC reference as early as possible. Consider placing a Notice to Creditors before distribution to reduce personal risk.

Decide whether to instruct a solicitor. Professional help is advisable if there is no will, if there are legal or prior rights to assess, if a bond of caution may be required, if there is heritable property to sell, if the tax position is unclear, if there are cross border assets, or if there is any sign of disagreement among beneficiaries. Ask potential solicitors about their executry experience, their likely timescales, how they charge, and what documents they will prepare. Request a clear client engagement letter and a cost estimate or fixed fee where possible.

Prepare your application for Aberdeen Sheriff Court. Complete the C1, assemble supporting documents such as the will and any codicils, death certificate, valuations, and any HMRC acknowledgements. Check the current court fee and method of payment. Submit the application to the court by post or in person. Keep copies of everything you send and note any reference numbers. Respond promptly to any court or HMRC queries.

Once Confirmation is granted, provide copies to each asset holder to collect funds, pay debts and taxes, and transfer or sell property. Keep clear estate accounts showing all receipts and payments. Only distribute the balance to beneficiaries when you are satisfied that all liabilities, taxes, and any creditor or legal rights claims have been settled. If you are unsure at any stage, seek legal advice. This guide is for general information only and is not a substitute for advice on your specific situation.