Cairn

Questions

Frequently asked questions

Plain answers about settling an estate in Scotland. Can't find yours? We're happy to help.

Getting started

We turn Scottish estate administration into a clear, personalised plan. You record the estate once, and Cairn works out your Confirmation route, the Inheritance Tax position and who inherits, and drafts the letters and paperwork along the way.

Nothing you can't find later. It helps to have the date of death, the will if there is one, and any recent bank or pension letters. You can add details as they come in.

Executors named in a will, and family members dealing with an estate where there is no will. Co-executors can work on the same estate together.

Not yet. England, Wales and Northern Ireland use probate, which has different rules. We cover estates of people who lived permanently in Scotland.

Confirmation

Confirmation is the Scottish equivalent of probate. It is a document from the sheriff court that gives the executor legal authority to collect in and deal with the estate.

Not always. Some banks will release small balances without it, and jointly owned assets with a survivorship destination pass straight to the other owner. Your plan shows exactly what needs Confirmation.

An estate worth £36,000 or less. The sheriff clerk will help you complete the forms, and the process is simpler.

Once the inventory is lodged, the sheriff court usually issues Confirmation within a few weeks. Gathering the valuations beforehand is often the longest part.

When there's no will

Someone must first petition the sheriff court to be appointed executor-dative. We guide you through it and show how the estate is shared under the Succession (Scotland) Act 1964.

A surviving spouse or civil partner has prior rights to the home, furniture and a cash sum. Then the spouse and children have legal rights to part of the moveable estate. What is left goes to the nearest relatives in a set order.

An insurance guarantee that an executor-dative will administer the estate properly. It is often needed when there is no will. It is usually not needed if the surviving spouse inherits everything.

Tax and money

Most estates pay none. Everyone has a £325,000 tax-free allowance, there's up to £175,000 more when the home goes to children or grandchildren, and anything left to a spouse is exempt. We estimate it for you as you go.

Funeral costs can usually be paid straight from the deceased's bank account. Most other payments wait until Confirmation is granted.

Executors are not bound to pay out until six months after the death. Waiting protects you if a creditor or claimant appears late.

Using Cairn

Many families don't. If the estate is insolvent, disputed, or involves a business or trust, we'll tell you plainly and point you to proper legal advice.

Cairn was founded by Robbie Paul and Jonathan Paul, a practising Scottish solicitor. You can read more on our About page.

Estate details are private to the people you invite. We only use them to run your estate, and we never sell them.

Ready to make a start?

Start for free. Nothing moves forward without your approval.