Grant of Confirmation

Echomum

Thank you buddy9 for answering a previous question for me. I think I have just one more before submitting application. In my mums will she dispones 3 timeshare weeks to named children however before her death she had signed these timeshares over to said children therefore no longer has them as part of her estate. I just wonder if it will be questioned that they are not listed on inventory but are stated in her will which hadn’t been ammended after ownership was transferred. Thanks in advance to anyone who can offer any guidance.

buddy9

It is not uncommon for assets referenced in a will, to not be shown in an inventory: this can be for a number of different reasons.The court is not normally interested in bequests within a will. So hopefully no follow up to the omission.

DLZJ3

Hi

I have read through a number of these posts and they have been extremely helpful. Thank you. Was wondering if anyone could have a look and comment on the attached. I have already been knocked back and I will submit another application soon. I am the main executor with my brother on the will if I was unable to carry out this duty. My Dad had also moved houses since his will was first created. Thanks in advance
 

buddy9

DLZJ3 said:

Hi

I have read through a number of these posts and they have been extremely helpful. Thank you. Was wondering if anyone could have a look and comment on the attached. I have already been knocked back and I will submit another application soon. I am the main executor with my brother on the will if I was unable to carry out this duty. My Dad had also moved houses since his will was first created. Thanks in advance
 

Para 2 might look like this:

That I am

the son and executor nominate of the deceased conform to his will dated [date] herewith exhibited, docquetted and signed by me as relative hereto. In said will the deceased is designed as residing at [will address] a former address.

In para 3 you can strike through the words ‘along with the said’.

DLZJ3

Thank you Buddy9, very much appreciated 

monsterness

Hi all, looking for help on C1 "that I am" section, it has been rejected and returned to me, my input was 
"Along with (brothers full name) (brothers current address) *THERE WAS AN ASTERISK HERE, BY COURT OFFICIALS, the executor nominate of the deceased confirm to his will dated 17th June 2020 which is produced herewith, signed and docquetted as relative hereto and that I am the son of the deceased and the said (brothers full name) is the son of the deceased. In said will I am designed as residing at (my current/and will address) and said (brothers name) is designed as residing at *ANOTHER ASTERISK ADDED BY COURT (brothers previous address, as on the will), a former address.

DLZJ3

Hi

After a second attempt at filling in the C1 form I have received it back with a couple of issues. The 2nd one I have resolved but I am unsure where to and what to say for point number 1. The form that I submitted had both my name and sisters name as executors with me being the main one and only my name in the declaration

Any help will be much appreciated. Thank you

buddy9

DLZJ3 said:

Hi

After a second attempt at filling in the C1 form I have received it back with a couple of issues. The 2nd one I have resolved but I am unsure where to and what to say for point number 1. The form that I submitted had both my name and sisters name as executors with me being the main one and only my name in the declaration

Any help will be much appreciated. Thank you

Your previous post suggested that your brother was a substitute executor but made no reference to your sister being a co-executor. If your sister is a co-executor then your declaration is not suitable.

There is the concept of a declarant executor who completes the C1, but there is no concept of a main executor unless the will nominates you as executor ‘sine qua non’.

Your declaration might look like this (if accurate):

That I am

along with (sister’s full name, sister’s address) executor nominate of the deceased conform to his will dated 20th August 2018 herewith exhibited, docquetted and signed by me as relative hereto and that I am the son of the deceased and the said (sister’s full name) is the daughter of the deceased. In said will the deceased is designed as residing at [will address] a former address.

………………………………

This assumes that there are no other name or address differences in the will that need referenced.

Sister’s name is included in para 3.

buddy9

monsterness said:

Hi all, looking for help on C1 "that I am" section, it has been rejected and returned to me, my input was 
"Along with (brothers full name) (brothers current address) *THERE WAS AN ASTERISK HERE, BY COURT OFFICIALS, the executor nominate of the deceased confirm to his will dated 17th June 2020 which is produced herewith, signed and docquetted as relative hereto and that I am the son of the deceased and the said (brothers full name) is the son of the deceased. In said will I am designed as residing at (my current/and will address) and said (brothers name) is designed as residing at *ANOTHER ASTERISK ADDED BY COURT (brothers previous address, as on the will), a former address.

The word ‘confirm’ should read ‘conform’.

I presume that your address, as stated in the will, has not changed.

Other than that I do not know the purpose of the asterisks if the addresses are correctly indicated.

Box 9 should show both executors and their current addresses.

Your declaration then might say:

That I am

along with (brothers full name) (brothers current address) the executor nominate of the deceased conform to his will dated 17th June 2020 which is produced herewith, signed and docquetted as relative hereto and that myself and the said (brothers full name) are both sons of the deceased. In said will the said (brothers full name) is designed as residing at (brothers previous address, as on the will), a former address.

monsterness

typo on my post, the document does say CONFORM,
yes my address has not changed (my address is not marked)
I possibly have omitted a line in my brothers current address
brothers previous address is both correct and identical to in the will (but still marked)
Perth Sheriff Court, if that makes any difference?
Sorry, I'm not sure which box you mean for our addresses, do you mean box 10?