Confirmation advice Scotland

momotaro

Hi, I've seen some feedback in this area here before and thought I'd check to see if someone could provide guidance.

Step-mother passed away recently, survived by father.
I'm a named executor alongside father. I'm taking great care as there is some sensitivity due to prior marriages and breakdown of relationships.

Step-mother's will expressed residual discretionary trust should be setup, with father as primary beneficiary. No property, all money in joint Scottish bank accounts which have been released into father's name. Not a huge sum but 50% of joint estate is slightly over the £36k "large estate" threshold.
Given that there are no funds to be released, nobody is requesting Confirmation, does the Confirmation process need to be undertaken?

buddy9

momotaro said:

Hi, I've seen some feedback in this area here before and thought I'd check to see if someone could provide guidance.

Step-mother passed away recently, survived by father.
I'm a named executor alongside father. I'm taking great care as there is some sensitivity due to prior marriages and breakdown of relationships.

Step-mother's will expressed residual discretionary trust should be setup, with father as primary beneficiary. No property, all money in joint Scottish bank accounts which have been released into father's name. Not a huge sum but 50% of joint estate is slightly over the £36k "large estate" threshold.
Given that there are no funds to be released, nobody is requesting Confirmation, does the Confirmation process need to be undertaken?

You clearly do not need confirmation to ingather the estate. A small number of people might need confirmed as executor, for example to progress legal actions, but nothing in your post shows a need.