Bond of Caution

A bond of caution (pronounced "kay-shun") is a form of insurance that the Scottish courts may require before issuing Confirmation. It protects the estate's beneficiaries against an executor either applying for confirmation when not entitled to do so, or failing to distribute the estate according to law. [source: scotcourts/small-estates-2026-05-03.html]

A bond of caution is generally needed only when the deceased left no will (an intestate estate). Where the sheriff clerk's office assists with preparing the inventory for a small estate (gross value £36,000 or less), no bond of caution is required — this exemption has applied since 4 March 2016. [source: scotcourts/small-estates-2026-05-03.html]

If a solicitor prepares the inventory, or the estate is a large one, a bond of caution is generally required and is obtained from an insurance company. The cost depends on the size of the estate and the risk profile; the solicitor handling the application advises on the procedure. [source: scotcourts/small-estates-2026-05-03.html]

Bonds of caution have no equivalent in the England-and-Wales Grant of Probate system, which relies instead on the executor's personal liability and the protection of statutory creditor notices. → Confirmation in Scotland

Last verified: 3 May 2026 against scotcourts.gov.uk.