Grant of Confirmation

edn_mc1

Thank you very much buddy9, I appreciate all your help. I am expecting to hear from the court shortly, hopefully I will be granted Confirmation. I will let you know what happens.

Echomum

Re inventory. My mum had 5 Bank of Scotland accounts all with same branch so straightforward enough. 2 of the accounts have a zero balance but should I include these in the inventory to be clearer when attending the bank once confirmation is granted? Thanks in advance. 

buddy9

Echomum said:

Re inventory. My mum had 5 Bank of Scotland accounts all with same branch so straightforward enough. 2 of the accounts have a zero balance but should I include these in the inventory to be clearer when attending the bank once confirmation is granted? Thanks in advance. 

A bank account with a zero balance would not be listed on the inventory.

Walker_321

Hi All
I can see that there is alot of helpful advice on this forum, with some members having similar problems to ours.

Basically, we have just had our C1 application returned from Glasgow Sheriff Court, with the comment 'The deceased's address falls out with the jurisdiction of Glasgow Sheriff Court'. This has taken 6 weeks.

Before we sent off the C1, we emailed the Commissary Dept to check that the Place of Death (a Nursing Home in Nitshill, Glasgow) fell within their jurisdiction and this was confirmed.

My brother-in-law was in the nursing home for 7 weeks with terminal lung cancer. He still held the tenancy of his home in Renton,  Dunbartonshire, as he hoped to return home. The keys were handed back to the housing association a week after his death in June this year. Had he died at home, we would have applied to Dumbarton Sheriff Court, but Place of Death seemed to be 'key'.

On Page 1, Box 4 we put his home address in Renton, Dumbarton.  Box 8: Place of Death: Nursing Home in Glasgow.

On Page 2, Box 1 we put the Renton home address again for 'domiciled in', or should we just have put Scotland?

I am at a loss as to what we should have done differently for a successful application.

Any comments/help would be gratefully received. 

With thanks

buddy9

Walker_321 said:

Hi All
I can see that there is alot of helpful advice on this forum, with some members having similar problems to ours.

Basically, we have just had our C1 application returned from Glasgow Sheriff Court, with the comment 'The deceased's address falls out with the jurisdiction of Glasgow Sheriff Court'. This has taken 6 weeks.

Before we sent off the C1, we emailed the Commissary Dept to check that the Place of Death (a Nursing Home in Nitshill, Glasgow) fell within their jurisdiction and this was confirmed.

My brother-in-law was in the nursing home for 7 weeks with terminal lung cancer. He still held the tenancy of his home in Renton,  Dunbartonshire, as he hoped to return home. The keys were handed back to the housing association a week after his death in June this year. Had he died at home, we would have applied to Dumbarton Sheriff Court, but Place of Death seemed to be 'key'.

On Page 1, Box 4 we put his home address in Renton, Dumbarton.  Box 8: Place of Death: Nursing Home in Glasgow.

On Page 2, Box 1 we put the Renton home address again for 'domiciled in', or should we just have put Scotland?

I am at a loss as to what we should have done differently for a successful application.

Any comments/help would be gratefully received. 

With thanks

Place of death does not determine domicile. The application should have been to Dumbarton Sheriff Court.

In the second box of para 1 on page 2 change to read ‘the sheriffdom of North Strathclyde in Scotland’, and then submit to Dumbarton Sheriff Court.

Walker_321

Thank you so much Buddy 9. Your help is invaluable. We will resubmit to Dumbarton next week and hope there is nothing else wrong. We will also redo the Inventory page, as even though there is no heritable estate in Scotland, we should still put a nil figure in (as noted in other posts). We just need confirmation to release the funds from the bank accounts. All other refunds are sitting in our executors account. Many thanks

bomdabass

Hi folks, had a C1 form returned to me by Hamilton Sheriff Court. I've reviewed the advice and updated the Inventory Page, does this look OK? I'm not sure if showing the debts in this way is correct?

The inventory then ties in with parts 11-14

Final query, does paragraph 2 need more than this?

Grateful for any advice

buddy9

bomdabass said:

Hi folks, had a C1 form returned to me by Hamilton Sheriff Court. I've reviewed the advice and updated the Inventory Page, does this look OK? I'm not sure if showing the debts in this way is correct?

The inventory then ties in with parts 11-14

Final query, does paragraph 2 need more than this?

Grateful for any advice

Paragraph 2 of page 2

The para 2 entry seems inadequate. Here is a suggestion:

That I am

the son and executor nominate of the deceased conform to will dated 8 August 2015 which is produced herewith, signed and docquetted as relative hereto.

………….

There is also a need to reference name, executor or address differences from what is stated in the will, if there are any differences.

Inventory

The inventory is generally a list of assets. The carried forward total will normally be the gross amount for Confirmation.

Item 5. A debt to EON is not shown in the inventory. The amount of this debt, to the extent relevant to the period while the deceased was alive, is included in the calculation for boxes 14 and 24

Item 4, the TSB seems to have a registered office in Edinburgh so might be moveable estate in Scotland. Entry might read better as:

TSB. Sort code 00-00-00 Account number 001234 in the name of the deceased

Balance at date of death including interest

Item 1. There might be two different ways of dealing with a standard security (mortgage). Worth mentioning that the HMRC guidance (C3) isn’t a great help here. That said, court staff might be influenced by its content.

One option is to list the debt in the inventory, similar to your entry (but perhaps with different words), and the column 4 entry would then contain a single value which reflected house value minus debt. In such an entry the standard security debt value would then not be shown in box 13.

The other option is to list the full house value in the inventory, make no reference to the standard security in the inventory, and enter the debt amount in box 13.

The first option will give a lower gross value for Confirmation and might skip under a fee threshold in some cases.

Unless you have a reason to do otherwise, the second option is easier.

bomdabass

Thanks for the response buddy9. I've reread the C3 guidance and it definitely reads to me that the net value should be shown in Column 4, however box 11 should still show the gross.

Do you think this would be OK?

buddy9

This will work if you remove the reference to the mortgage from the inventory and show the full house value in the 4th column. 

To avoid capital gains tax concerns, do not understate the house value.