Confirmation
Large and small estates, with or without a will.
Find out moreapproachable, compassionate help when someone has died.
When someone dies, the executor named in the will, or the next of kin if there is no will, has to deal with the estate. Our executry solicitors help families in Renfrew with every part of the executry process when dealing with the estate of a loved one, from the date of death to the final payment to the beneficiaries.
Renfrew, six miles west of Glasgow, became a royal burgh in 1397 and is known as the cradle of the Royal Stewarts. It was once home to the county's sheriff court, which moved to Paisley in 1705. Today, when a Renfrew resident dies, the application for Confirmation is normally dealt with at Paisley Sheriff Court.
The Renfrew Bridge, opened in May 2025, now links the town and Braehead with Yoker and Clydebank. Wherever the executors live, on either side of the Clyde or further afield, we can help. Our executry lawyers are based in Glasgow at 34 Woodlands Road, and we serve clients across Renfrew, Paisley and Glasgow, as well as Bridge of Weir, Giffnock, Clarkston, Newton Mearns and East Kilbride.
Executry is the Scottish word for winding up the estate of a deceased person. It is the Scottish equivalent of probate, and the court order the executor needs is known as Confirmation.
If you have been asked to become the executor, you are legally responsible for the administration of the estate. These are the main steps in the process of winding up an estate. We explain the legal requirements and can handle any or all of them for you.
Check for a will, then identify everything in the deceased's estate, including the deceased person's assets and liabilities, such as bank accounts, pensions, property, loans and bills, and value them at the date of death.
Complete the inventory of the estate and go through the process of applying for Confirmation at the sheriff court. The legal paperwork has to be accurate, as errors lead to delays.
Work out the amount of inheritance tax due, submit any inheritance tax returns to HMRC and pay the tax. Income tax and capital gains tax during the executry may also need to be dealt with.
Use the grant of Confirmation to close accounts and collect funds, sell or transfer property, and pay the funeral account and any debts.
Settle any legal rights claims, prepare executry accounts and pay out the estate to the beneficiaries in line with the will or the rules of intestacy.
Most adults can act as an executor, including a beneficiary, a family member or a solicitor. In Scotland, a person aged 16 or over has legal capacity, and an executor must be able to manage the role. Since June 2024, the Trusts and Succession (Scotland) Act 2024 has also prevented a person convicted of the murder or culpable homicide of the deceased from acting as executor of their estate. Being named in a will does not oblige you to act, and you can decline.
If an executor is not carrying out their duties, for example by refusing to act, delaying for no good reason or treating beneficiaries unfairly, a beneficiary or co-executor can ask the court to step in and remove them. Court action can be expensive and slow, so we usually try to resolve problems by negotiation first and only go to court when it is necessary.
When a person dies without a will, their estate is intestate and the Succession (Scotland) Act 1964 decides who inherits. Someone, usually the next of kin, must apply to the sheriff court to be appointed as executor-dative, and a bond of caution is usually required.
More about intestate estatesA surviving spouse or civil partner is first entitled to the family home up to £473,000, furniture and contents up to £29,000, and a cash sum of £50,000, or £89,000 if there are no children.
The spouse or civil partner, and the children, can then claim legal rights from the moveable estate, such as money and shares.
What is left passes first to the children. If there are none, it passes to parents and brothers and sisters, and only after that to a surviving spouse or civil partner, followed by more distant relatives.
A surviving cohabitant has no automatic right to inherit, but may be able to apply to the court for a share. The claim must be made within six months of the date of death, so get legal advice quickly.
Some of the necessary legal procedures involve local offices. Here is what to expect in Renfrew.
Deaths in Renfrewshire are registered by phone within 8 days. After the doctor sends the medical certificate to the registrar, the registration team calls you, so there is no need to visit an office. Our guide on how to register a death explains what you will receive. 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. For emotional support, see our guide to bereavement support in Renfrewshire.
Confirmation for a Renfrew estate is normally dealt with at Paisley Sheriff Court on St James Street. We prepare the inventory, check it and lodge it with the original will. Our guide to which sheriff court deals with Confirmation has the court's contact details. Our guides to valuing an estate for Confirmation and pensions and benefits after a death explain what goes on the inventory.
An empty home in the estate may qualify for a council tax exemption from Renfrewshire Council. If it is to be sold, a Home Report is normally needed before it goes on the market; see our guide to selling an inherited house. If the person rented their home, see what happens to a council tenancy after a death and our guide to clearing a house after a death.
The cost depends on the estate. We look at the assets, whether there is a will, whether there is a property to sell and whether inheritance tax is due, then give you a written estimate before we start. We provide legal advice at a free first appointment, and fees are normally paid from your loved one's estate, not from your own pocket.
We do not provide legal aid.
Ask for an estimateExecutry Solicitors Scotland is part of Simplicity Legal, a firm of Scottish solicitors regulated by the Law Society of Scotland. Our specialist private client solicitors focus on wills and executries, and you can ask us to deal with the whole estate or just one part of it.
Large and small estates, with or without a will.
Find out moreWe deal with the administration of the estate from start to finish.
Find out moreValuations, reliefs and inheritance tax returns to HMRC.
Find out moreSelling or transferring a house in the estate.
Find out moreAdvice for executors, spouses and children.
Find out moreComprehensive legal advice if you are handling the estate yourself.
Find out moreThe cost depends on the size of the estate and how much work is involved, for example whether there is a house to sell or inheritance tax to pay. Solicitors may charge a fixed fee, an hourly rate or a fee based on the value of the estate. We give you a written estimate before any work starts, and fees are normally paid from the estate, not by the executor personally.
Yes. It is very common for a beneficiary to be the executor appointed in a will, such as a husband, wife, son or daughter. The executor must still act fairly towards every beneficiary and keep proper records. See our guide on what beneficiaries can do if an executor is not doing their job.
Not always. An executor can deal with an estate personally, and for a small estate of £36,000 or less the sheriff clerk can help with the forms. A solicitor is strongly recommended where there is a house, inheritance tax, no will, a business or a family disagreement, because the executor can face personal liability for mistakes.
We start with the deceased person's papers, such as bank statements, pension letters and insurance documents. We then write to banks, pension providers, insurers and HMRC, and can run searches for forgotten accounts and policies, so that nothing is missed before we apply for Confirmation.
In some circumstances, yes. A will can be challenged in court, for example if the person lacked capacity, was pressured into signing it or the will was not properly signed and witnessed. Separately, a surviving spouse, civil partner or children can claim legal rights from the moveable estate whatever the will says. If you think a will may be challenged, get legal advice early.
Any solicitor in Scotland can deal with an executry, but an executry solicitor focuses on executries. That means they know the Confirmation procedure, the inheritance tax rules and the common problems well, which usually makes the process smoother and helps avoid delays.
Call us on 0141 471 9166 and tell us a little about the estate. Your first appointment is free and there is no obligation.
If you have them, the death certificate, the will and any recent bank or pension statements are useful. If not, do not worry. Finding them is part of what we do. Our guides explain what a husband, wife or civil partner inherits and what happens to a joint bank account.
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.