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Probate law in Glasgow, and indeed the whole of the United Kingdom, deals with the affairs of someone who has passed away. This includes distributing their assets according to their Will (if one exists) or according to intestate laws if no Will exists. If you're named as an executor in a Will, or if you qualify to apply for 'Letters of Administration' (the legal right to deal with someone’s estate when they die) as a next of kin, you will be involved in this process.
Many people decide to hire a probate lawyer due to the complex nature of the law. If the deceased person's estate is large, has overseas assets, or is contested, it can be particularly complex. Additionally, if the deceased passed away without leaving a Will (i.e., died intestate), a lawyer's help can make the process simpler. They can also provide valuable guidance when dealing with HM Revenue and Customs (HMRC) for Inheritance Tax purposes. A probate lawyer can also relieve the administrative burden of probate during an emotionally challenging time.
In Scotland, including Glasgow, probate is known as 'Confirmation'. A document known as the 'Grant of Confirmation' is issued by the local sheriff court, giving legal authority to administer the estate. The process is governed by the Succession (Scotland) Act 1964; this law also determines what happens in intestacy situations (when there is no will). It's important to note Scottish laws differ from the rest of the UK in significant ways – assets are categorised as 'heritable' (land and buildings) and 'moveable' (money, shares, cars, etc.) and intestate laws apply differently to these asset categories.
While both refer to administering a deceased person’s estate, the term ‘Probate’ is used in England and Wales, whereas ‘Confirmation’ is the term used in Scotland. The two processes are similar but the legal terminology and aspects of the law are slightly different.
As of 2021, the law stipulates that if your estate is worth less than £325,000 you don't need to pay Inheritance Tax. Above this threshold, the rate is usually 40%. Certain reliefs and exemptions might apply, so consulting with a lawyer or accountant can be beneficial.
If a person dies without leaving a Will, they are said to have died 'intestate'. In such cases, the rules of intestacy under the Succession (Scotland) Act 1964 will apply. These rules allocate the estate amongst the closest relatives of the deceased.
Generally, gathering information about the estate might take 6–9 months. Once this stage is complete, applying for a Grant of Confirmation takes about 8–10 weeks. Realistically, most estates are distributed in 6–12 months from the date of death.
Managing an estate can be complex and time-consuming, and as an executor, you have personal liability. To avoid mistakes, it can be advantageous to seek legal advice, especially for larger or complicated estates.
Citizens Advice Scotland and the Law Society of Scotland can provide guidance and help you find a probate lawyer. The Scottish Courts and Tribunal Service provides information about applying for Confirmation. HMRC's website includes detailed guidance on Inheritance Tax.
If you require legal advice on Probate in Glasgow, consider contacting a member of the Law Society of Scotland. They can help you to find a lawyer specialised in this field, guide you through the process, and offer peace of mind during an emotionally challenging time.
