Probate/Confirmation - Scotland

doughuelas

Hello,

Many thanks to all who have provided great advice in previous threads - it has been greatly appreciated.

It now appears as though the family are ready to move towards the probate/confirmation process.

Again, my Aunt is the executor identified in my Grans Will but I intend on doing most of the legwork to make it as pain-free as possible for her.

Before proceeding can I just ask for comments to make sure I am understanding what info I am currently reading properly?

Probate/Confirmation is the process where I round up all accounts - Life Insurance, Bank Accounts, Property, Household goods etc and place a value next to it.

The total identified is offset against outgoings - Funeral expenses, Settling utility bills, Executor fees, Probate/Confirmation registrastion and any other expenses against the estate. As the estate is so small IHT will no be an issue.

When all this info is collated I arrange for my Aunt to attend the local District Court to swear in by Oath that all info is correct and pay a £ fee.

A time period later, a letter will arrive stating Confirmation has been granted.

At this point it is best to wait a period of 6 months just in case any banks/credit accounts claim re-payment for whatever reason.

Is this correct? Or have I got this spectacularly wrong?

Many thanks in advance

D

dzug1

You've missed out a vital stage - or at least misunderstood (or misdescribed) when it happens.

When you have the confirmation document, you then need to go to the banks, etc, and gather in the assets that you identified earlier on.

You can then proceed to pay the bills, etc.

Waiting 6 months is debatable - it depends on how well you think you understand your aunt's affairs. It's certainly not mandatory and I would suspect close relatives wouldn't normally wait.

doughuelas

dzug1 wrote: »

You've missed out a vital stage - or at least misunderstood (or misdescribed) when it happens.

When you have the confirmation document, you then need to go to the banks, etc, and gather in the assets that you identified earlier on.

You can then proceed to pay the bills, etc.

Waiting 6 months is debatable - it depends on how well you think you understand your aunt's affairs. It's certainly not mandatory and I would suspect close relatives wouldn't normally wait.

Hello

Many Thanks

I have already been to the bank etc and they have already updated the details on the account to say my Grandmother is deceased/cancelled all DDs/SOs and they gave me the remaining money that was left in her account (prob because it wasnt much)

I was able to do this by producing her death certificate.

We only really have to re-pay an overpayment made by the DWP (as the payment was already in-transit to her account before I contacted them) and await the final bill from Virgin re TV/Phone.

Her home insurance company are happy to continue covering the property until Feb next year (when the policy ends) and at this point we will need to seek alternative insurance

Her electric supplier was actually owe us money (cheque on way) and we have kept the supply going so we can just be billed for whatever is used

I had paid off her mortgage in 2009 so we dont have to worry about that immediately either. The local authority have also said that because of my Grans circumstances we have upto 12 months before we have to start paying council tax on the property.

Is there anything else really obvious I am missing?

** Oh yes, life insurance document sent away today they have said payment can be made to a Personal Reps account

Thanks

D

doughuelas

Hello everyone,

Looking for a bit of guidance please - regarding the Confirmation forms I am currently sifting through for my Grandmothers estate.

For us in Scotland, it appears as though forms C1 and C5 are used frequently. Upon filling in form C5 I have been instructed to now stop there and fill in form IHT400 - I presume this was because my Grandmother received an additional pension on top of her state pension...

Her estate is worth approx £60-70k so clearly not in any danger of breaching the threshold. Just want to double check I am doing everything correct?

Any info would be greatly received

Thanks

D

fidododo

doughuelas wrote: »

Hello everyone,

Looking for a bit of guidance please - regarding the Confirmation forms I am currently sifting through for my Grandmothers estate.

For us in Scotland, it appears as though forms C1 and C5 are used frequently. Upon filling in form C5 I have been instructed to now stop there and fill in form IHT400 - I presume this was because my Grandmother received an additional pension on top of her state pension...

Her estate is worth approx £60-70k so clearly not in any danger of breaching the threshold. Just want to double check I am doing everything correct?

Any info would be greatly received

Thanks

D

Hi
I have just filled in the same form and i think you have got to section 8 and if so are struggling to understand the 3 questions .Phone the helpline( i normaly hate helplines as i seem to get the idiot who has'ent got a clue) i did and spoke to a realy nice person who told me it was a confusing bunch of questions ,he asked basic details about the 3 very small extra pensions .I think you will find that all the answers will be no's .

doughuelas

Many thanks for your advice

Things (as they stand just now) are unfortunately grinding to a halt.

My Aunt is the official executor as identified in the will of my Grandmother - but she is not coping well with the passing of my Grandmother and she has other responsibilities within her own family she has to deal with.

It is now turning into a time and logistical nightmare to work through things with her.

I have contacted my local court office and they have said I am best to seek legal advice. Having a solicitor conduct these duties is not an option from a moneysaving perspective.

But I am more than happy to take over the task of sorting the estate out. I have read about the possibility of applying for a 'Grant of representation' but I am unsure if this is relevant as I am in Scotland or what this would even involve?

If anyone has been through this process themselves could you please point me in the right direction?

Without any official document saying I am the personal representative of my Grandmother I have already managed to close her bank accounts, receive her life insurance, organise funeral, pay for funeral, cancel all other accounts etc etc.

But now things are starting to become difficult to escalate without the proper permissions

HELP!

Thanks

D