Grant of Confirmation

buddy9

The summary, as used in the C1, is not redone in the C4(S).

Mental_max

Thank you so much Buddy 9

You have helped me so much.  And there's no guide to filling in the form from HMRC or the sheriff court or the book on how to wind up an estate in scotland.  So your information has been invaluable.  I will get the form in now.

Greysuza3

My first post to MSE, so apologies if I post incorrectly in some way. This is an excellent thread, and I’m hoping for advice. I’m dealing with my mum’s estate, and presently pre-Confirmation. Her house is in Scotland, and on the Sasine Register. The Confirmation form and cover letter have been drafted by an online Confirmation support firm, using info from me, including the most recent Sasine title deed (late 1994). The firm have just provided the completed form and letter, ready for me to sign and submit. But the property description in the inventory is solely the address (‘ABCD Cottage, Street, Town, Post-Code’). From everything I’ve read online, I expected the description would reflect the Sasine deed, including when and where recorded. The cover letter has “An experienced conveyancing solicitor has verified that the property description for the unregistered title (no title number) is sufficient for conveyancing purposes”. I’m really surprised that a simple bare address is seen this way (especially as the address has no street number, just the cottage name). and I’m not confident that a future conveyancer would agree. I will of course check with the firm middle of next week, and perhaps they’ve somehow simply overlooked the Sasine deed. But it’s hard to see how, so I’m expecting a debate, and may end up having to produce a different property description by myself. It would be great to be better informed beforehand, so I’d be really grateful for any views on the approach I’ve been given. Thanks ! 

buddy9

While 'Currie on Confirmation of Executors' includes references to dispositions in its Sasine examples, it is not uncommon for inventory entries to contain no such reference.

bedsit101

I have been reading this thread with interest whilst I complete the C1 confirmation request for my late husband's estate. Unfortunately, the application has been returned to me as the court is "unable to process this application in its current form. As the gross total value of the estate is over the small estate limit of £36,000, we are unfortunately not able to assist you with the correction or  completion of the paperwork". I just don't know what I have done wrong so really hoping someone can help so I can avoid costly legal fees.  If I post a redacted copy of the form, would someone be kind enough to tell me where I have gone wrong? I thought it was a straightforward case but maybe I am wrong.
Many thanks in advance.

buddy9

bedsit101 said:

.  If I post a redacted copy of the form, would someone be kind enough to tell me where I have gone wrong? 

Yes, will try to.

bedsit101

Thanks so much for offering to help. I will try to attach photos 

[Images redacted by Forum Team for personal information]

buddy9

Some comments below.

Inventory

The item numbering in the inventory should be for the listed items, not the headings.

The entry for the house share looks inappropriate - including the values and dates. The house value needs to be a date of death value. 

The entry ‘household contents’ is strangely placed.

A generic inventory example is shown below but you will need to insert your own relevant specific detail and values. The example assumes that the house is registered in the land register and that there is no survivorship in the title. 

While not incorrect, inventory nil entries can be omitted.

Page 4

Include a zero entry in box 14, if accurate

Include an entry in box 19 for number of grandchildren

Box 20. The NI number should be included. For UTR show as not known, if so.

Page 5

The net qualifying value in box 25 is correct where the whole estate passes to the surviving spouse. (The daughter having renounced their legal rights).

Page 2

The plural form is ‘executors-nominate’ rather than ‘executor-nominates’. 

Any name or address differences as shown in the will should be referenced in para 2. There is already one difference listed but the inclusion of a previous address for you at the top of the page suggests that this is another address difference that is needed in para 2. Are there any more address or name differences?

There appears to be three acting co-executors. Yourself, the deceased’s daughter and a solicitor firm. Perhaps a clumsy combination. Are all nominated and acting? In this type of scenario the solicitor might decline to act, often on request.

In para 2 perhaps include the solicitor address as shown in the will.

Will

I assume that you have the original will and that it is correctly docquetted and dated the same as the C1.

bedsit101

Thanks so much Buddy9. I will update the information and try again. The solicitors are the third named executors in the will but I haven’t asked them to do anything. Should I have officially requested them to decline to act? The will leaves everything to me and has been doquetted as: 

buddy9

bedsit101 said:

Thanks so much Buddy9. I will update the information and try again. The solicitors are the third named executors in the will but I haven’t asked them to do anything. Should I have officially requested them to decline to act? The will leaves everything to me and has been doquetted as: 

If I was in your position I would likely notify the solicitor company out of courtesy that it is a named co-executor in the will and that you are applying as declarant for Confirmation - and see what response you get.