Grant of Confirmation

naedanger

noclaf said:

Question on bank probate thresholds/limits; I am aware that each bank has 'probate limits/thresholds' by £ amount e.g: £10k, £20-30k etc
Is anyone aware if banks would ever ask for a solicitor or other legal specialist to be involved if the deceased funds in their bank account are above a specific amount e.g: £100k? OR is it simply the case that above a certain amount grant of probate or grant of confirmation is required?
Thanks

From my (admittedly limited) experience the threshold at which they require confirmation is not dependent on whether or not a solicitor (or other specialist) is involved.

And the variation in the threshold by institution is quite considerable e.g. for Bank of Scotland the threshold was £100,000 whereas for National Savings it was £5,000.

noclaf

naedanger said:

noclaf said:

Question on bank probate thresholds/limits; I am aware that each bank has 'probate limits/thresholds' by £ amount e.g: £10k, £20-30k etc
Is anyone aware if banks would ever ask for a solicitor or other legal specialist to be involved if the deceased funds in their bank account are above a specific amount e.g: £100k? OR is it simply the case that above a certain amount grant of probate or grant of confirmation is required?
Thanks

From my (admittedly limited) experience the threshold at which they require confirmation is not dependent on whether or not a solicitor (or other specialist) is involved.

And the variation in the threshold by institution is quite considerable e.g. for Bank of Scotland the threshold was £100,000 whereas for National Savings it was £5,000.

Thanks, I thought this might be the case but will look into this further and confirm. Agreed re variation of thresholds...between the banks there is a huge variation and there has been some debate by legal professionals about this as they feel the banks should be more stringent and consistent with limits to avoid potential fraud issues and family rows between executors over inheritance etc

a_kilo_of_pennies

LS38Z said:

Hi,
I am new to Forum, so not sure if this is the correct place to put question.
Have sent C1 form to Sheriff Ct but rejected on P 2 Declaration is insufficient.I put name and address on box 1 per HMRC notes but Ct say not enough but would not tell me what they require.
Box 2 I put name and address of Executor Nominate as in deceased Will and date.
Also Previous address as stated on Will.

I would be grateful if anyone could guide me as to the correct wording.

Solicitor wanting too much considering I am doing all the work and the rest of the C1 and C5 Form appears to be correct.

Thanks.

You should be able to use the wording on this response on page 6: https://forums.moneysavingexpert.com/discussion/comment/76080825/#Comment_76080825

GSS20

LS38Z said:

Hi,
I am new to Forum, so not sure if this is the correct place to put question.
Have sent C1 form to Sheriff Ct but rejected on P 2 Declaration is insufficient.I put name and address on box 1 per HMRC notes but Ct say not enough but would not tell me what they require.
Box 2 I put name and address of Executor Nominate as in deceased Will and date.
Also Previous address as stated on Will.

I would be grateful if anyone could guide me as to the correct wording.

Solicitor wanting too much considering I am doing all the work and the rest of the C1 and C5 Form appears to be correct.

Thanks.

Do you mean declaration by only your name and residing at to be put in here. 

If you mean part 2 that I am you need much more.

I have sent you a pm.

naedanger

noclaf said:

naedanger said:

noclaf said:

Question on bank probate thresholds/limits; I am aware that each bank has 'probate limits/thresholds' by £ amount e.g: £10k, £20-30k etc
Is anyone aware if banks would ever ask for a solicitor or other legal specialist to be involved if the deceased funds in their bank account are above a specific amount e.g: £100k? OR is it simply the case that above a certain amount grant of probate or grant of confirmation is required?
Thanks

From my (admittedly limited) experience the threshold at which they require confirmation is not dependent on whether or not a solicitor (or other specialist) is involved.

And the variation in the threshold by institution is quite considerable e.g. for Bank of Scotland the threshold was £100,000 whereas for National Savings it was £5,000.

Thanks, I thought this might be the case but will look into this further and confirm. Agreed re variation of thresholds...between the banks there is a huge variation and there has been some debate by legal professionals about this as they feel the banks should be more stringent and consistent with limits to avoid potential fraud issues and family rows between executors over inheritance etc

I wonder if a large part of the reason why legal professionals want the banks to be more stringent is so that more people need to apply for confirmation, of which a significant proportion will seek the services of a solicitor.

I don't think the confirmation process protects against rows between executors and/or faimily over inheritance. It ensures the banks (and others) can be confident they are paying the money to the correct executor(s). (But if a financial institution got that wrong and paid the wrong person then I think that would be their liability not the estate's.)

noclaf

naedanger said:

noclaf said:

naedanger said:

noclaf said:

Question on bank probate thresholds/limits; I am aware that each bank has 'probate limits/thresholds' by £ amount e.g: £10k, £20-30k etc
Is anyone aware if banks would ever ask for a solicitor or other legal specialist to be involved if the deceased funds in their bank account are above a specific amount e.g: £100k? OR is it simply the case that above a certain amount grant of probate or grant of confirmation is required?
Thanks

From my (admittedly limited) experience the threshold at which they require confirmation is not dependent on whether or not a solicitor (or other specialist) is involved.

And the variation in the threshold by institution is quite considerable e.g. for Bank of Scotland the threshold was £100,000 whereas for National Savings it was £5,000.

Thanks, I thought this might be the case but will look into this further and confirm. Agreed re variation of thresholds...between the banks there is a huge variation and there has been some debate by legal professionals about this as they feel the banks should be more stringent and consistent with limits to avoid potential fraud issues and family rows between executors over inheritance etc

I wonder if a large part of the reason why legal professionals want the banks to be more stringent is so that more people need to apply for confirmation, of which a significant proportion will seek the services of a solicitor.

I don't think the confirmation process protects against rows between executors and/or faimily over inheritance. It ensures the banks (and others) can be confident they are paying the money to the correct executor(s). (But if a financial institution got that wrong and paid the wrong person then I think that would be their liability not the estate's.)

Yep I was thinking the same....more reliance on legal firms = more chargeable work....

naedanger

noclaf said:

naedanger said:

noclaf said:

naedanger said:

noclaf said:

Question on bank probate thresholds/limits; I am aware that each bank has 'probate limits/thresholds' by £ amount e.g: £10k, £20-30k etc
Is anyone aware if banks would ever ask for a solicitor or other legal specialist to be involved if the deceased funds in their bank account are above a specific amount e.g: £100k? OR is it simply the case that above a certain amount grant of probate or grant of confirmation is required?
Thanks

From my (admittedly limited) experience the threshold at which they require confirmation is not dependent on whether or not a solicitor (or other specialist) is involved.

And the variation in the threshold by institution is quite considerable e.g. for Bank of Scotland the threshold was £100,000 whereas for National Savings it was £5,000.

Thanks, I thought this might be the case but will look into this further and confirm. Agreed re variation of thresholds...between the banks there is a huge variation and there has been some debate by legal professionals about this as they feel the banks should be more stringent and consistent with limits to avoid potential fraud issues and family rows between executors over inheritance etc

I wonder if a large part of the reason why legal professionals want the banks to be more stringent is so that more people need to apply for confirmation, of which a significant proportion will seek the services of a solicitor.

I don't think the confirmation process protects against rows between executors and/or faimily over inheritance. It ensures the banks (and others) can be confident they are paying the money to the correct executor(s). (But if a financial institution got that wrong and paid the wrong person then I think that would be their liability not the estate's.)

Yep I was thinking the same....more reliance on legal firms = more chargeable work....

I would be more inclined to believe the legal professionals had the executors'/beneficiaries' interests at heart if they were arguing for the current process to be simplified. It seems significantly more difficult for the layperson to complete the confirmation process than the English equivalent. And the added complexity of the Scottish process does not seem to have any significant benefit to the applicants.

eppie

First post on Forum although have been an avid reader for a while. Alas both parents have died in Scotland. Both had English wills. Dad died a couple of years ago but Mum as sole executor had not applied for confirmation and she has just died. Simple estate with joint bank accounts already transferred to Mum's sole name and a property  in joint names along with usual nominal value personal household stuff. No survivorship clause in deeds (surprise) so unfortunately will need confirmation on both wills which are deemed Large Estates. Property to be sold. 
Would be really useful to see a copy of a completed Form C1. I can see a member had shared (anonymously) such documentation in previous post and I hope a kind sole will agree to do same for me. Plan is to attempt Confirmation myself as apart from English wills which might prompt some challenge (albeit properly drawn up with English solicitors) there is nothing complex and overall estate well below any IHT levels.

many thanks

GSS20

As your parents were domiciled in Scotland when distributing the estate remember there are legal rights that come into play that don’t in England. Any children can claim legal rights of one half of all moveable estate ie 3 children they can claim one sixth if for any reason they have been left out of the will or that claiming legal rights give them more money than they have been willed ie residuary beneficiaries. I will pm you.

tendies

Hi everyone, been reading through this thread as a guest and it has been so helpful in me completing the C1 and C5 forms - I am nearly completed this (I think) and just want to ensure I am as close to 'as it should be' as possible and wondered if anyone could share an example that I can compare mine with before submission?

The estate I am seeking confirmation on is relatively simple (I think!) and is two bank accounts and Premium Bonds - no other assets so I am most keen to ensure that details in the inventory for this are correct and proper.

Any pointers gratefully received and thanks again for all the invaluable information you have all shared previously!