Bond of Caution
If the deceased did not leave a Will and you are not the spouse/civil partner, you will need to obtain a Bond of-Caution before Confirmation is issued. This is an insurance against someone applying for Confirmation when they are not entitled to do so or an executor failing, to distribute the estate according to law.
After applying for Confirmation at the Sheriff Clerk's Office, the executor- takes the form to a specified insurance company to obtain a Bond of Caution before Confirmation is issued. The Sheriff Clerk's office will provide you with information on Bonds of Caution and application forms and inform you of the company who will carry this out for you. The insurance company will charge a fee for this. The executor returns the application for Confirmation and the Bond along with any fee payable to the Sheriff Clerk's Office which will prepare the Confirmation without delay. Please be advised that normally, the Bond of Caution will not be produced immediately.
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