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Confirmation
Whether the estate is a few thousand pounds or much more, we list and value it on the inventory and apply to Hamilton Sheriff Court. A Confirmation only service is available.
Find out moreNearest office: 29 Brandon Street, Hamilton
Executry solicitors for Motherwell, with legal support from our nearby Hamilton office
clear, practical help with an estate.
We have helped many families in Motherwell and Wishaw with the estate of someone close to them. Our executry lawyers get Confirmation, gather in the money, sort out the house and any tax, and make sure the right people are paid. Talk to us by phone, or meet us at our Hamilton office, just across the Clyde. Your first consultation is free.
29 Brandon StreetHamilton, across the Clyde
Free first consultationby phone or in person
Motherwell and North Lanarkshire
Executry lawyers for Motherwell, Wishaw and Lanarkshire
Motherwell grew from a farming hamlet into one of Scotland's great steel towns after the railway arrived in 1848, and it is now the administrative centre of North Lanarkshire, with a population of around 33,000. The Ravenscraig steelworks closed in 1992, but many local families still have a strong link to the town's industrial past.
Looking for solicitors in Motherwell who specialise in executry? We do not have a Motherwell office, but we have acted for many clients in Motherwell, from Muirhouse, Forgewood and Jerviston to Craigneuk, Airbles and Knowetop, and in Wishaw, Carfin, New Stevenston, Newarthill, Cleland and Bellshill. Our nearest office is on Brandon Street in Hamilton, a short drive or bus journey across the Clyde, and most executors never need to visit at all.
Executry is the Scots law word for sorting out a person's affairs after they die. To do it, the executor needs Confirmation from the sheriff court, which is Scotland's version of probate. Our solicitors can give legal advice on a single question or handle the whole executry process for you.
Local know-how
What happens after a death in Motherwell
Scots law is the same everywhere, but the practical steps for a Motherwell estate involve North Lanarkshire Council and Hamilton Sheriff Court. Here is what each one does.
Registering the death
North Lanarkshire has one central registration office, in Motherwell, and most deaths are registered over the phone. Call 01698 302206 between 10am and 12 noon or 2pm and 4pm to book, and only visit with an appointment. You receive a free abbreviated certificate and a Tell Us Once reference, and a full death certificate costs £10 plus postage within the first month. Our guide on how to register a death in Scotland compares the local services. The funeral can then go ahead; our guide to funeral costs and who pays lists the local burial and cremation fees. If the person died in hospital or a care home, or the death was reported to the procurator fiscal, our guides to deaths in hospital or a care home and the procurator fiscal explain what happens.
Confirmation at Hamilton Sheriff Court
Although Motherwell is in North Lanarkshire, it falls within the Hamilton sheriff court district, so Confirmation is normally dealt with by the civil and commissary office at Birnie House in Hamilton, which is close to our Brandon Street office. We send the inventory and the original will to the court and deal with any queries. Our guide to which sheriff court deals with Confirmation explains the Hamilton and Airdrie split. Our guides to valuing an estate for Confirmation and pensions and benefits after a death explain what goes on the inventory, and our guide to what a spouse inherits explains who gets what.
Council tax on the empty home
An empty home left by the person who died is normally exempt from council tax while the executor waits for Confirmation, and for a maximum of six months afterwards. North Lanarkshire Council needs an application from the executor, which we can make.
A council or housing association home
If the person rented from the council or a housing association, a partner or a family member who lived there may be able to take over the tenancy. If nobody qualifies, the tenancy ends, and the executor needs to tell the landlord, clear the house and settle any rent due from the estate. Our guide on what happens to a council tenancy when someone dies explains who qualifies, and our guide to clearing a house after a death covers the practical side.
The executry process
How our executry solicitors can help, step by step
You choose how much you want us to do. We can deal with the whole estate, or just the parts you would rather not handle.
- Free first consultation. We explain the executor's role, look at the will, and give you clear advice and a written fee estimate.
- Finding the estate. We write to banks, pension providers and insurers to value the person's estate, and list any debts. Joint accounts need care in Scotland; see what happens to a joint bank account.
- Inheritance tax. We work out whether any tax is due and deal with HMRC.
- Confirmation. We prepare the inventory and apply to the sheriff court, following all the legal procedures.
- Collecting in. We close accounts, cash in policies and arrange the sale or transfer of property, including buying and selling property through our conveyancing team. See our guide to selling an inherited house.
- Paying out. We settle the debts, prepare the executry accounts and distribute the estate to the beneficiaries. If you are a beneficiary waiting on someone else's executor, see what you can do if an executor is not doing their job.
Sheriff court fees for Confirmation, from 1 April 2026
- Estate up to £50,000
- No fee
- Estate £50,000.01 to £250,000
- £351
- Estate over £250,000
- £705
Court fees are paid from the estate. For an estate of £36,000 or less, the small estate procedure may apply, with help from the sheriff clerk.
Practice areas
Legal services in Motherwell for executries, wills and power of attorney
We focus on private client work, with practical advice and practical solutions for any legal issue or legal problem an estate can raise.
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Winding up an estate
From the first letter to the final account, we deal with winding up the estate and keep you updated at each stage.
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Estates with no will
Without a will, someone must be appointed executor-dative by the court. We handle the petition, the bond of caution and the intestacy rules.
Find out more04
Inheritance tax
Most Motherwell estates pay no inheritance tax, but it still has to be checked and reported correctly. We do the sums and the HMRC paperwork, including any gifts made in the seven years before the death.
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Wills, power of attorney and guardianship
Plan ahead with a will and power of attorney, or get help with a guardianship order for a relative who has lost capacity.
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Legal rights and family law
We advise on legal rights claims and family disagreements about an estate. Our family law solicitors can help where a death affects child contact or parental rights.
Find out more
Clear costs
What our Motherwell executry clients pay
Every estate is priced on its own facts. A house sale, a missing will, inheritance tax or a long list of beneficiaries all add work, while a simple estate costs much less. We confirm our fees in writing before any legal work starts.
- Free first consultation
- A written fee estimate up front
- Sheriff court dues shown on their own
- Settled from the estate at the end
We do not provide legal aid.
Why us
A client-focused law firm for Motherwell families
Executry Solicitors Scotland is part of Simplicity Legal, a law firm based in Glasgow and regulated by the Law Society of Scotland, with offices in Glasgow, Hamilton, East Kilbride and Dumfries, helping clients throughout Scotland.
Local
Close to hand in Lanarkshire
Our Hamilton office sits close to the sheriff court that deals with Motherwell estates, so the legal matters that need a local touch are easy for us to handle.
Clear
Expert advice in plain English
Dealing with the estate of a loved one is hard. We give clear advice, explain each step and what it costs, and keep you updated until the estate is finished. If you would like someone to talk to, see our guide to bereavement support in Lanarkshire.
Nearby
Also helping executors in Hamilton and East Kilbride
Hamilton
Our Brandon Street office, the nearest to Motherwell, serving South Lanarkshire.
Executry solicitors HamiltonEast Kilbride
Our office on Main Street in The Village, East Kilbride.
Executry solicitors East KilbrideDo you have an office in Motherwell?
No, but we have acted for many clients in Motherwell and Wishaw. Our nearest office is at 29 Brandon Street in Hamilton, a short journey across the River Clyde, and most executors deal with us entirely by phone, email and post.
Do I need to use Motherwell solicitors for a Motherwell estate?
No. Scots law is the same across Scotland, so any lawyers and solicitors in Scotland can deal with an estate from Motherwell. Whether you choose lawyers in Motherwell or elsewhere, what matters is a firm that deals with executries every day and explains its fees clearly at the start.
What are the typical fees for an executry in Scotland?
Fees depend on the size and complexity of the estate. A simple estate with no house to sell costs far less to wind up than one with property, inheritance tax or a dispute. You receive our fee estimate in writing once we have discussed the estate, and it comes out of the estate rather than your own pocket. Our guide to how much executry costs in Scotland sets out typical fees and court costs.
How do I apply to be an executor-dative in Scotland?
If there is no will, or the will names no executor who can act, someone has to petition the sheriff court to be appointed as executor-dative. This is usually the closest relative entitled to inherit, such as a surviving spouse or a child. The court fee for the petition is £23. Once appointed, the executor-dative usually needs a bond of caution, a type of insurance, before Confirmation is granted. For a small estate of £36,000 or less, the sheriff clerk can help with a simpler procedure.
Which sheriff court deals with Confirmation for someone from Motherwell?
The right court depends on where the person was living. For Motherwell, Wishaw and Bellshill, that is normally Hamilton Sheriff Court, whose civil and commissary office is at Birnie House in Hamilton. Other parts of North Lanarkshire, such as Airdrie, Coatbridge and Cumbernauld, use Airdrie Sheriff Court. We check the right court and lodge the application for you.
Who is the next of kin when someone dies in Scotland?
There is no single legal definition. Day to day, the person's husband, wife or civil partner, or failing that their children, normally arranges the funeral and registers the death. Who inherits is a separate question: a will decides it if there is one, and if not, the Succession (Scotland) Act 1964 sets the order. Our guide to what happens if someone dies without a will explains who inherits.
What should you not include in a will in Scotland?
Avoid putting your only funeral wishes in the will, because it may not be read until after the funeral. Do not try to leave assets that the will cannot pass on, such as a house with a survivorship destination in the title, or a pension or life policy with its own nomination. Remember that a spouse, civil partner and children can claim legal rights whatever the will says. Passwords and account details are better kept in a separate, secure note.
Can I get legal aid for an executry?
No. The Scottish Legal Aid Board does not fund executry work, and we do not offer legal aid. Everything, including our fees and the court dues, is settled from the money in the estate.
Talk to us today
Speak to our executry solicitors about an estate in Motherwell
Call us on 0141 471 9166 and tell us a little about what has happened. One of our solicitors will talk you through what an executor has to do and book a free meeting, on the phone or at our Brandon Street office in Hamilton.
Paperwork such as the death certificate or the will is useful, but you can call before you have found it.
- Phone 0141 471 9166
- Nearest office 29 Brandon Street, Hamilton ML3 6DA
- Glasgow 34 Woodlands Road, Glasgow G3 6UR
- Visits By appointment, please call first
The quickest way to reach us
0141 471 9166Call to book your free first appointment, at one of our offices or by phone.
Please note that legal aid is not available for this service.