Grant of Confirmation

buddy9

https://forums.moneysavingexpert.com/discussion/comment/81948459#Comment_81948459

This is a duplicate. It is already posted on another thread.

Ying1

Hi. I am messaging again as my application has been returned by the court. The comments that they have made are:

1. Executors names and addresses need to match the will and if there are any differences/changes these need to be detailed within the declaration on page 2.

My name on the Will is stated as my married name which I have never used. My ID is in my maiden name.

You previously gave me advice about the declaration. This is what I put on the form:

"That I am along with (brother's name) of (brother's address) the executors-nominate of the deceased conform to his will dated (date of will) which is exhibited, docquetted and signed by me as relative hereto, and that I am the daughter of the deceased and that the said (brother's name) is the son of the deceased. Catherine Dolan, the wife of the said deceased was appointed executor nominate primo loco in said will but predeceased the said deceased. No codocils or informal writings exist. "

I have taken legal advice from the firm of solicitors that is dealing with the house sale but I am not convinced the answer given is an adequate response to the court's query and they have changed the wording of the declaration in ways that seem unnecessary to me. The suggested wording is:

"That I am Executor-Nominate and daughter of the said deceased who was widowed and did not remarry or enter into a civil partner, along with (brother's name), son of the said deceased, residing at (brother's address) conform to the said deceased's Will dated (date of Will). The said deceased's wife, Catherine Dolan, who was appointed as sole Executor predeceased the said deceased. In the said Will, I am designed as (married name) and the said (brother's name) is designed as living at (brother's address). Neither I nor the said (brother's name) have ever been married to or in a civil partnership with the deceased. The said Will is produced, docquetted and signed as relative hereto. "

I am wondering whether after "… I am designed as (married name)" I should state "my married name" as this would more fully explain the difference.

2. The names and addresses need to be consistent throughout the form.

I was confused about this at first but I think it maybe because the Guidance notes on the government website indicate that the Region is given in the addresses on page 1, but in the Declaration on page 2 I have used the addresses as written in the Will which are the same addresses but without giving the region.

On both page 1 and page 2 I have given my name as Maiden name or Married name.

I hope this makes sense. I would be grateful for your advice as this is my third attempt, previously having to change the wording of the property details in the inventory . The first time the form was returned the court gave no clues as to what was wrong.

buddy9

https://forums.moneysavingexpert.com/discussion/comment/81977785#Comment_81977785

1. The solicitor’s suggested declaration contains surplus information and contains information that you would expect in a petition for executor dative. I presume that your solicitor is not ‘into’ private client work. I would suggest not using the solicitor’s suggestion.
2. Not sure why you included ‘No codocils [sic] or informal writings exist’. This was not a suggestion.
3. Part of the solicitor’s suggestion is perhaps (partly) consistent with your brother’s address being different in the will. Is your brother’s address, as stated in the will, a previous address?

Ying1

Thank you. No, my brother's address has not changed. None of the addresses have changed, the only difference in the Will is my surname.

Ying1

Sorry, on rechecking everything again, I see that in the Will the spelling of my brother's street uses an "e" instead of an "a" and so that will be what the solicitor is correcting.

RAS

There's also the issue of the fact that your name in the will is not the one on your ID. You may want to wait for advice on this before trying yet again.

buddy9

Be consistent on the C1 with names and addresses.

Given the circumstances, below is a suggestion for para 2

That I am 

along with (brother's full name) of (brother's address) the executor-nominate of the deceased conform to his will dated (date of will) which is exhibited, docquetted and signed by me as relative hereto, and that I am the daughter of the deceased and that the said (brother's name) is the son of the deceased. Catherine Dolan, the wife of the deceased who was appointed executor nominate primo loco in said will predeceased the deceased. In said will I am named [ xxxx  ] and the address of the said [brother’s full name] is per incuriam written as [xxx xxx].

Ying1

Thank you so much . That is really helpful.

So for the addresses, should I add the region throughout the form, or should I miss out the region as per the Will?

Ying1

Also, may I add something about the name in the Will being my married name?

buddy9

If you have used the maiden plus married names convention then the inclusion in para 2 of ‘In said will I am named [ xxxx  ]’ seems self explanatory.

The guidance uses FIFE in an address example - a county name rather than a region.