Original copy of Will - returned with Confirmation?

durks

I am just about to apply for 'Confirmation' (i.e. the Scottish equivalent of Probate), and my question is: does the Sheriff's Court permanently retain the original copy of the Will which I need to submit to them, or can I expect them to return it to me, along with the Grant of Confirmation?

I'm asking, since I want to know whether or not I should arrange to get some certified copies of the Will made before i apply for Confirmation. I am trying to avoid a Catch 22 where I successfully have Confirmation, but a financial institution then asks for either the original Will, or a certified copy.

Thanks in advance.

Flugelhorn

In England, when you have probate no-one asks to see the will. Yes they also kept the original and yes I got a certified copy done (just in case - but it wasn't needed) 

p00hsticks

If it's the same as England, once the grant of probate / confirmation has been issued, if anyone asked to see the will I'd personally be telling them I no longer have it and if they want to see it then they can pay the £1.50 to download a copy from the probate site....

buddy9

durks said:

I am just about to apply for 'Confirmation' (i.e. the Scottish equivalent of Probate), and my question is: does the Sheriff's Court permanently retain the original copy of the Will which I need to submit to them, or can I expect them to return it to me, along with the Grant of Confirmation?

If applying for Confirmation with a will, the original will is returned to the executor along with the issued Grant.

durks

Thanks very much all - that's cleared things up.

p00hsticks

buddy9 said:

durks said:

I am just about to apply for 'Confirmation' (i.e. the Scottish equivalent of Probate), and my question is: does the Sheriff's Court permanently retain the original copy of the Will which I need to submit to them, or can I expect them to return it to me, along with the Grant of Confirmation?

If applying for Confirmation with a will, the original will is returned to the executor along with the issued Grant.

@buddy9 That's interesting to know - thank you. Is a copy of the will taken by the court to be made available to the public before it is returned or do the contents potentially remain secret ?

tls123

If it’s like England when you submit the original it does not get returned, if you think you will a copy of the will before probate is granted definitely get a certified copy 

Flugelhorn

buddy9 said:

durks said:

I am just about to apply for 'Confirmation' (i.e. the Scottish equivalent of Probate), and my question is: does the Sheriff's Court permanently retain the original copy of the Will which I need to submit to them, or can I expect them to return it to me, along with the Grant of Confirmation?

If applying for Confirmation with a will, the original will is returned to the executor along with the issued Grant.

thinking about it, in England, I had a copy  of the will returned to me with the probate - not a valid document but just for information

buddy9

p00hsticks said:

@buddy9 That's interesting to know - thank you. Is a copy of the will taken by the court to be made available to the public before it is returned or do the contents potentially remain secret ?

While the original will is returned to the executor, a copy of the will is added to the commissary records and is publicly available. (a copy is also sent to HMRC).