What are the differences between Confirmation and Probate?
The documents the court issues to the executors of an estate is called probate in England where there is a valid Will in place. In Scotland probate is referred to as Confirmation, where the documents issued by the court provides the executors Will the legal authority to administer the estate. This document allows the executor to uplift the deceased assets from holders such as insurance companies and banks.
In Scotland the person who handles the estate is called the executor of the Will. If there is no will you have to apply to the court to have an executor appointed as executor dative and if the executor is named in the Will they are known as executor nominate. You can have many executors as you like in Scotland. When making a will many people will have a Legal Firm appointed as one of the executors, as executors can die leaving no one to administer the estate. Some executors will welcome the support and experience from a legal firm to help them administer the estate.
In England where there is no Will probate cannot be applied for. What happens is the next of Kin must apply for a grant of letters of administration in order to administer the estate. In England a maximum of four people can take a grant in respect of the same assets