Comparison · 2026/27
English Probate vs Scottish Confirmation
England and Wales use the Grant of Probate process through the Probate Registry; Scotland uses Confirmation through the local Sheriff Court, with its own forms and distinct legal rights rules. This guide compares the two systems for administering an estate.
At a Glance
| Feature | England & Wales (Probate) | Scotland (Confirmation) |
|---|---|---|
| Handling body | Probate Registry (HMCTS) | Local Sheriff Court |
| Document with a will | Grant of Probate | Grant of Confirmation |
| Document without a will | Letters of Administration | Grant of Confirmation (executor dative) |
| Key form | PA1P / PA1A | C1 (Inventory) |
| Automatic family inheritance rights? | No direct equivalent | Yes — legal rights (legitim) |
| Inheritance Tax rules | Same UK-wide rules | Same UK-wide rules |
Inheritance Tax rates and thresholds (£325,000 nil rate band, £175,000 residence nil rate band) apply UK-wide for 2026/27. Confirm current forms and processes on gov.uk.
How English and Welsh Probate Works
The named executor (or an administrator if there is no will) applies to the Probate Registry, usually online, submitting details of the estate\'s value and any Inheritance Tax reporting required. Once granted, the Grant of Probate (or Letters of Administration) gives legal authority to collect in assets, pay debts and tax, and distribute the estate according to the will or the intestacy rules.
Unlike Scotland, there is no automatic legal entitlement for a spouse or children to a fixed share of the estate — instead, disappointed family members may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe the will (or intestacy) does not make reasonable financial provision for them.
How Scottish Confirmation Works
The executor applies to the Sheriff Court for the area where the deceased lived, submitting an Inventory (form C1) detailing the estate\'s assets and liabilities, alongside the relevant Inheritance Tax form. The Grant of Confirmation that results gives legal authority to administer the estate, similar in effect to English probate but through different Scottish court procedure and forms.
A distinctive feature of Scots succession law is "legal rights" (legitim), which give a surviving spouse and children an automatic entitlement to a fixed share of the deceased\'s moveable estate (broadly, everything except heritable property like land and buildings), regardless of the terms of the will — a right with no direct English equivalent.