Best Probate Lawyers in Aberdeen

About Probate Law in Aberdeen, United Kingdom

In Scotland, the court process commonly called probate in other parts of the UK is known as Confirmation. If someone who lived in or owned assets in Aberdeen has died, the person responsible for administering their estate is usually an executor named in a will or, if there is no will, a court-appointed executor known as an executor-dative. The executor gathers information about the estate, pays debts and taxes, and distributes what remains to the rightful beneficiaries. To do this formally, the executor will usually need to obtain Confirmation from the Sheriff Court in Aberdeen. Once granted, the Certificate of Confirmation authorises the executor to ingather and transfer assets listed in the court-approved inventory.

Scottish Confirmation is governed by Scots law, which differs in important ways from the law in England and Wales. For example, spouses and children have legal rights to part of the moveable estate even if a will says otherwise, and intestacy rules follow Scottish statutes. The process is administered locally by the Aberdeen Sheriff Court, but UK-wide tax rules may also apply.

Why You May Need a Lawyer

While some straightforward estates can be handled without a solicitor, many executors and families benefit from legal support. A lawyer can advise on duties, reduce risk, and manage the paperwork and court process. You may need a solicitor if there is no will, if the will is unclear, or if there are questions about capacity or undue influence. A solicitor is especially helpful where there are disputes among family members or beneficiaries, where an executor needs to step down or be replaced, or where a bond of caution may be required for an executor-dative.

Professional help is often valuable where there are complex or cross-border assets, such as business interests, agricultural land, investment portfolios, property in different jurisdictions, or digital assets. Tax planning and compliance can be challenging, including inheritance tax filings, reliefs and exemptions, and deadlines. A solicitor can also help with preparing the inventory, obtaining valuations, dealing with secured debts and creditors, and arranging the sale or transfer of heritable property. If beneficiaries are minors or vulnerable adults, or if trusts are needed, specialist advice is recommended.

Local Laws Overview

Terminology matters in Scotland. The legal process is called Confirmation. The executor named in a will is the executor-nominate. If there is no will, the court can appoint an executor-dative. Depending on the circumstances, an executor-dative may need to obtain a bond of caution, which is an insurance policy guaranteeing the proper administration of the estate. Exemptions apply in some cases.

Legal rights are a distinctive feature of Scots law. Spouses or civil partners and children have legal rights to a share of the moveable estate, which includes money, investments, and personal possessions but not land and buildings. If there is both a surviving spouse or civil partner and children, each has a claim to a portion of the moveable estate. If only a spouse or only children survive, the legal rights share is larger. These claims can affect how a will is carried out and can be taken instead of or in addition to what the will provides, depending on the circumstances.

Intestacy is governed by the Succession rules in Scotland. If there is no will, the surviving spouse or civil partner has prior rights to certain benefits from the estate, followed by legal rights and then the order of succession set by statute. The rules determine who inherits and in what proportions. These rules differ from those in England and Wales.

Small estates may be eligible for a simplified procedure if the total value is at or below the threshold set by the Scottish Courts and Tribunals Service. The sheriff clerk can often assist with small estate applications. For larger or more complex estates, solicitors generally prepare the paperwork and submit the application.

Procedure and forms are specific to Scotland. The executor prepares an inventory of all assets and debts and applies for Confirmation using the Scottish form C1, along with any required inheritance tax forms. If additional assets are discovered after Confirmation is granted, an additional inventory known as an eik may be required. Court fees apply and are based on the value of the estate as set by the current fees order.

Tax rules are UK-wide. Inheritance tax is usually due 6 months after the end of the month of death. Reliefs and exemptions may apply, including spouse or civil partner exemption, charity exemption, business or agricultural relief, and the residence nil-rate band if conditions are met. Interest can accrue on late payments. Executors should also consider income tax and capital gains tax during the estate administration period.

Property and local issues can affect administration. Scottish heritable property is included in the Confirmation inventory and may require title updates through Registers of Scotland when transferred or sold. It is common practice to publish a notice to creditors and to wait for a period, often at least 6 months from the date of death, before final distribution to protect the executor from later claims. Council tax and utilities for a deceased person’s home may be subject to exemptions or reductions during administration.

Frequently Asked Questions

What is Confirmation and how is it different from probate?

Confirmation is the Scottish court process authorising an executor to administer a deceased person’s estate. It serves a similar function to probate in England and Wales but follows Scots law, uses Scottish forms and procedures, and recognises Scottish concepts such as legal rights and prior rights.

Do I always need Confirmation to deal with an estate?

Not always. Some banks and institutions will release small balances without Confirmation if the estate is modest and there is no dispute. However, if there is heritable property, significant investments, or institutions require court authority, Confirmation will be necessary. A solicitor can advise based on the asset mix and values.

Who can be an executor and how are they appointed?

If there is a valid will, it usually names an executor-nominate. If there is no will or the named executor cannot act, an eligible person such as a spouse, civil partner, or close relative can apply to the Aberdeen Sheriff Court to be appointed as executor-dative. In some intestate cases, a bond of caution may be required.

What documents and information do I need to apply for Confirmation?

You will typically need the original will and any codicils, the death certificate, valuations or statements for all assets and debts as at the date of death, details of beneficiaries, and completion of the Scottish inventory and court form C1. You may also need to complete inheritance tax paperwork even if no tax is due.

How long does the process take in Aberdeen?

Timeframes vary with complexity and court workload. Gathering valuations can take weeks. Once a complete application is submitted, straightforward estates often receive Confirmation within several weeks. Executors commonly wait at least 6 months from the date of death before final distribution to allow for claims.

What are legal rights and can they override a will?

Legal rights give a spouse or civil partner and children a share of the moveable estate regardless of the will. If claimed, legal rights can reduce what other beneficiaries receive under the will. Beneficiaries can take legal advice on whether to claim or discharge these rights and on how they interact with the will.

Will inheritance tax be payable on a Scottish estate?

Possibly. Inheritance tax is a UK tax and depends on the value of the estate and available allowances and reliefs. Spouse or civil partner and charity exemptions may remove the tax in many cases. Where tax is due, payment deadlines are strict and interest can accrue. A solicitor or tax adviser can assess the liability and reliefs.

What happens if there is no will?

The estate is distributed under the Scottish intestacy rules. Prior rights of a surviving spouse or civil partner apply first, followed by legal rights and then the statutory order of succession. An executor-dative applies to the court for appointment and may need a bond of caution unless an exemption applies.

How are property and mortgages handled?

Heritable property in Scotland must be listed in the inventory for Confirmation. The executor settles any secured loans from the estate and then transfers or sells the property. Title changes are registered with Registers of Scotland. If selling, the property may need a home report and marketing through a solicitor estate agent.

What if there are assets outside Scotland or in England and Wales?

Cross-border estates can require additional steps. Scottish Confirmation may be accepted by some institutions elsewhere, but a separate grant might be needed in England and Wales or other jurisdictions depending on the assets and their location. A solicitor with cross-border experience can advise on the most efficient route.

Additional Resources

Aberdeen Sheriff Court - Commissary and confirmation applications for estates connected to Aberdeen are processed here. The sheriff clerk can offer guidance for small estates and can advise on required forms and fees.

Scottish Courts and Tribunals Service - Provides the official forms used for Confirmation, including the C1 inventory, and publishes current court fees and small estate guidance.

HM Revenue and Customs - Issues inheritance tax forms and guidance and processes inheritance tax accounts. Executors must follow HMRC deadlines and procedures for tax payment and reporting.

Law Society of Scotland - Offers a find-a-solicitor service and practice information to help you identify a local solicitor experienced in executry and trusts work.

Citizens Advice Scotland - Provides free, impartial guidance on practical and financial matters after a death and can help you understand your options before you instruct a solicitor.

Registers of Scotland - Handles registration of property title changes when heritable property is transferred or sold during estate administration.

The Gazette - Official public record where executors can place notices to creditors to limit personal liability before distributing the estate.

National Records of Scotland - Responsible for registration of deaths and issuing extracts of death certificates that will be needed for the estate process.

Next Steps

Gather key documents. Obtain the death certificate and locate the original will and any codicils. Collect account statements, policy documents, title deeds, and details of debts. Secure property and valuables and take meter readings and insurance steps where relevant.

List assets and debts. Prepare a schedule of the estate as at the date of death, including bank accounts, investments, pensions, life policies, property, vehicles, business interests, digital assets, and liabilities. Obtain formal valuations where needed.

Decide who will act. Confirm the executor named in the will or identify who will apply as executor-dative if there is no will. Consider capacity, availability, and potential conflicts. If an executor cannot act, a solicitor can advise on resignation or replacement.

Take early advice. Speak to a solicitor experienced in Scottish executry work, especially if there are legal rights claims, intestacy, cross-border assets, business interests, trusts, or potential disputes. Ask about timescales, fees, and what you can do to keep costs proportionate.

Complete forms and apply. With or without a solicitor, prepare the C1 inventory and any required tax forms. The application is submitted to the Aberdeen Sheriff Court with the applicable court fee. Keep copies of all documents and correspondence.

Administer the estate. After Confirmation, collect in assets, settle debts and taxes, consider creditor notices, and make interim or final distributions when it is prudent to do so. Keep clear estate accounts. If new assets are discovered, apply for an eik. Seek guidance before distributing if any claims or uncertainties remain.

Close and report. Provide beneficiaries with statements of distribution and any tax certificates. Retain records in case of queries from HMRC, beneficiaries, or the court.

This guide is general information for estates connected to Aberdeen under Scots law. It is not legal advice. For tailored advice, contact a Scottish solicitor who practices in executry and trusts.