Application for confirmation in Scotland—testate cases

Copyright © 2025 LexisNexis
Produced in partnership with Jacqueline Leslie of Harper Macleod LLP
Practice notes
Scottish Law

Application for confirmation in Scotland—testate cases

Copyright © 2025 LexisNexis

Produced in partnership with Jacqueline Leslie of Harper Macleod LLP

Practice notes
Scottish Law
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FORTHCOMING CHANGE: The Trusts and Succession (Scotland) Act 2024 received Royal Assent on 30 January 2024, marking the first review of trusts law in Scotland in over 100 years since the principal legislation, the Trusts (Scotland) Act 1921, was passed. The trusts provisions require secondary legislation from Scottish Ministers to be brought into force whereas the provisions relating to succession law came into effect on 30 April 2024. The main changes to modernise the law are summarised in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes on areas of Scottish trusts and succession law will be updated further to reflect this new legislation as required.

This Practice Note describes the procedure for obtaining confirmation in Scotland in testate estates in situations both where no inheritance tax (IHT) is payable and where IHT is payable. For information on obtaining confirmation in intestate estates, see Practice Note: Application for confirmation in Scotland—intestate cases.

What is confirmation?

‘Confirmation’ is a document issued by a Sheriff Court, confirming the appointment

Jacqueline Leslie
Jacqueline Leslie

Harper Macleod LLP

Jacqueline specialises in Wills, inheritance tax planning and the administration of estates, both straight forward and complex. She has many years of experience in the creation, administration and winding up of all types of trust, including personal injury trusts. Jacqueline also prepares financial and welfare powers of attorney for clients and acts for clients in the creation and administration of guardianships.

She is also member of STEP (the Society of Trust and Estate Practitioners), the worldwide professional association for practitioners dealing with family inheritance and succession planning.

Jacqueline is accredited by the Law Society of Scotland as specialist in Trust Law.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Application definition
What does Application mean?

Interim applications in civil proceedings are governed by the cpr provisions relevant to the specific type of application. Interim applications include those for extensions of time, summary judgment, security for costs, injunctions, amending a statement of case, etc.

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