ChatterBank1 min ago
Probate
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My mother who lived in Scotland died recently and left a Will. I inherited her property and want to have it transferred into my name. I understand I have to use a Solicitor for this but I understood that if a Will had been made you didn't need to go to Probate. The solicitor who I have contacted regards the transfer of the property has quoted me for obtaining "Grant of Probate". So do I need this?
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The usual term in Scotland for "probate" is "Confirmation". You will still need to obtain a grant whether there is a will or not - a grant confirms the named executor's authority to act.
I am slightly concerned that your mother lived in Scotland (and presumably her property is there) but the solicitor is talking about Probate. That is associated with England rather than Scotland, but in either case, you will still need a Grant.
In England you can certainly do it yourself without seeing a solicitor. You collect all the paperwork and complete the Inland Revenue forms (paying any IHT beforehand if the estate is taxable). You then attend an interview at the Probate Registry which leads to the Grant.
Perhaps a Scottish law bod can advise on the procedure for Confirmation.
I am slightly concerned that your mother lived in Scotland (and presumably her property is there) but the solicitor is talking about Probate. That is associated with England rather than Scotland, but in either case, you will still need a Grant.
In England you can certainly do it yourself without seeing a solicitor. You collect all the paperwork and complete the Inland Revenue forms (paying any IHT beforehand if the estate is taxable). You then attend an interview at the Probate Registry which leads to the Grant.
Perhaps a Scottish law bod can advise on the procedure for Confirmation.
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