How would I obtain a copy of a Scottish will?

[isobelw]

I would like to obtain a copy of a recent Scottish will. The person died in Glasgow in 2014 and as far as I know probate has been completed on the will. Can anyone advise what the procedure is for obtaining a copy of a Scottish will? Seems very straightforward in England, but have drawn a blank on internet searches about how to go about this in Scotland.
Isobel

[RJ_Paton]

The Scottish equivalent to Probate is Confirmation and you would also need to know if the Will was Registerered with the Court - as the person died in Glasgow it would be Glasgow Sheriff Court
Contact Details can be seen at

https://www.scotcourts.gov.uk/the-courts/court-locations/glasgow-sheriff-court-and-justice-of-the-peace-court

A fee will be payable for obtaining a copy of a will, and the court can advise you of the fee that will be charged in your particular case.

Further details can also be found at

https://www.scotcourts.gov.uk/taking-action/frequently-asked-questions/your-questions-on-dealing-with-a-deceased's-estate

[isobelw]

Hi Falkyrn,
Thanks for the information/links. I will try contacting Glasgow Sheriff  Court.
Isobel

[carolineasb]

A Will may or may not have been registered with a Court in Scotland. Some are registered by Solicitors but it is not particularly common.

Having a Will registered does NOT always mean that Confirmation has been issued as this is NOT mandatory in Scotland unless there is some reason that Confirmation must be applied for (usually a financial institution asks for same or a property has to be transferred, although sometimes people don't do that right away and that can cause problems later on!)

Confirmation being issued does not always mean that a Will was made as the deceased may have died intestate.

You do not need to contact the particular Court where Confirmation may have been issued. All Scottish Sheriff Courts now have access to the Confirmations issued in the whole of Scotland (for roughly the last ten years but perhaps longer).

[isobelw]

Thanks Carolineasb,
I have been told there was a will and I am also led to believe that the estate has now been finalised. I am really trying to confirm that (a) there definitely was a will and (b) if there was, who the beneficiaries were. Is it better to write to the court or will they respond to an email enquiry?
Isobel

[carolineasb]

Hi there,

Please remember that even if there was a Will written by the deceased, there still may be no record of it either being registered (in case of loss) or for Confirmation purposes.

You should be able to email Glasgow Sheriff Court with the details of the person asking if Confirmation has been issued for the deceased and, if you wish to see the paperwork (Confirmation and Will), the fee just for a copy of these documents so that you can send same in to them (fee may be per copy page).  Although the Sheriff Courts Fees Order should be on the Scottish Courts and Tribunals Service website too. There are other fees for certain other copies of the documents (i.e. certified copies). You could also try phoning the Commissary Office there and asking if they can tell you if issued and the fee but they may not tell you over the phone.

Did the deceased have property that has had to be transferred or sold? This is one of the most common reasons for Confirmation to be applied for. Financial institutions all have different rules for paying out their funds. Some have a max limit that they hold and others state a max on the estate. The transfer of Shares usually needs Confirmation too.

Hope this helps.

Caroline

[isobelw]

Caroline, thanks for the additional information. A lot of what I know is hearsay from another family member ( who I am assisting to try and track down this will). Will give the sheriff court a try and see what transpires.
Isobel