Today's Wills and Probate Podcast

Executry & confirmation; the differences between probate in Scotland, England & Wales

“Two nations divided by a common language” is a phrase often connected to the relationship between the UK and the USA; but it could be just as easily applied to England and Scotland at times, especially when it comes to legal matters like the probate process.

Joining Today’s Wills and Probate Podcast host David Opie to de-mystify Scottish probate is Mike Davis, Managing Director of My Probate Partner, a Edinburgh based service described as helping “navigate all the challenges and pitfalls of going through the probate process in Scotland.”

Mike describes the probate process in Scotland as “bonkers” and identifies a number of distinct differences between the systems in England & Wales, and in Scotland. Most obviously is the terminology which can cause confusion, and Mike goes on to explore some of the procedural quirks in Scotland.

Alongside language, geography plays a bit role in determining the speed of the process as executors must apply to the most local sheriff court of the deceased. In some cases this can mean applications are processed in hours… music to the ears of practitioners in England & Wales who currently face months of delays.

Moving on to discuss My Probate Partner Mike explains the origins of the business and how they are helping those going through the probate process in Scotland navigate the difficulties, emotions, and anxieties they face, especially at a time when they are often facing the bereavement themselves.

Throughout the podcast Mike provides insight into the key differences between the legal systems in Scotland, England and Wales.

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One Response

  1. Mike Davis was so refreshing with his comments of Confirmation and winding up Estates in general, a great listen and thank you for focussing on Scottish differences to England and the fact that the system both sides of the border are archaic and need to be modernised! More power to his team!

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