Help after death with bank and Will.

wullie-eng

Hi folks!

Looking for a bit of advice if you can?

My partners father has recently passed away quite unexpectedly, he does have a WIll and Power of Attorney.

Both my partner and her sister are named as the sole beneficiaries and executors on the will, the estate is below the £325,000 threshold and also includes for a house and is above 50k.

Both my partner and her sister were at the bank to day with the will to tie up his bank accounts, the bank have said they require a certificate of confirmation from the sheriff court prior to releasing the funds.

I was unable to be with my partner and her sister as i have work commitments but I'm just looking to see if anyone can shed any light on the next steps??

We have had a chat and they both agree that they would like to pursue this without the need for a solicitor where possible.

Only thing that is throwing me out tonight is the bank have told her that this is not probabte.

Can anyone simplify the process or offer any further guidance from this point forth, C1 and C5 forms have been mentioned.

are we able to just download these forms, fill them in and start the process that way?

Looking forward to hearing from you all.:A

Wullie:j

Ps, we are in Scotland!

Mojisola

My mother died suddenly last year in England. An unexpected death has to be investigated here by the coroner.

Does this help - https://www.scotland.gov.uk/Publications/2006/04/12094440/4

bylromarha

I found the gov.uk website very very clear and helpful when Mum died in November.

https://www.gov.uk/browse/births-deaths-marriages/death

madbadrob

As this case sounds like it is in Scotland I would search Scottish probate law. It sounds like the bank are asking for a grant of representation or probate to be got before it will release the funds. For the value of this estate this would be required anyway. A will and death cert is not enough. If it works like in England then yes you can download all the paperwork and take it to the probate court to swear it and be granted the representation. Alas this is pure guesswork as I do not know how the laws of probate operate for those dying in Scotland

Rob

getmore4less

google the following will bring up suitable links.

what to do when someone dies scotland


Confirmation is the Scottish equivilent of the E&W grant

fed_up_and_stressed

Hopefully it will be relatively straight forward for you. When I dealt with my beloved Nana's estate (even though I wasn't an executor -the executors may mum and aunt were too distraught to deal with her affairs) even though probate didnt apply in that case either as the affairs were under the threshold it was really straight forward even though a house needed to be sold once we got the death certificate released.

Hope that is of some comment to you at this daunting and emotional time im sure you will find most companies and institutions will genuinely try to help in these circumstances.

Mojisola

fed_up_and_stressed wrote: »

Hopefully it will be relatively straight forward for you. When I dealt with my beloved Nana's estate (even though I wasn't an executor -the executors may mum and aunt were too distraught to deal with her affairs) even though probate didnt apply in that case either as the affairs were under the threshold it was really straight forward even though a house needed to be sold once we got the death certificate released.

If there was a house involved, how was the estate under the threshold?

fed_up_and_stressed

Cause the house was a terrace in a deprived area ! Not everyone lives in houses worth more than a hundred grand my semi would struggle to reach that now !

Mojisola

fed_up_and_stressed wrote: »

Cause the house was a terrace in a deprived area ! Not everyone lives in houses worth more than a hundred grand my semi would struggle to reach that now !

I thought the probate threshold was £5k.

fed_up_and_stressed

Grant of representation level is 5k ..also this posts isn't about me .... its about the Op ............
anyway my point is that it can be a straightforward process so was trying to help relieve any anxiety the OP is feeling obviously each scenerio is different but just wanted them to know there is help out there xx

getmore4less

fed_up_and_stressed wrote: »

Grant of representation level is 5k ..also this posts isn't about me ....

You normaly still need a grant for property and shares, was the property jointly owned with someone else so just the death cert was needed.