Grant of Confirmation 7 May 2014 at 7:16PM edited 30 November -1 at 12:00AM in Deaths, Funerals & Probate 149 replies 46K views

Jazza

I just want to say a massive thanks to GSS20 for their help as I've made some headway in filling in the C1 form. I'm now stuck on one thing. My mum had a car. Do I put down the make / model and registration of the vehicle in the form as well as the value?
Thanks in advance

GSS20

a_kilo_of_pennies said:

I can't seem to edit the above post, but I tried the court again and I got through. It was pretty elementary in the end, I just couldn't find anything official on the website, but this is what they told me:

• Send it to the Commissary Office within the sheriff court
• Include a cover letter requesting confirmation, with contact details to provide payment when they process it
  
• Include the full death certificate, not the abbreviated one
• Send 3 forms of original ID (this may be different for other sheriff courts) - proving who you are and where you live. They won't take photocopies of passports / drivers licenses, but said this could be anything, from council tax bills, to an invoice from a furniture shop. This sounded really strange to me, but that's what she confirmed.
• Send it recorded delivery
• It will take 4 - 5 weeks as they're dealing with a backlog

It shows you that different courts are dealing with everything differently. I didn’t actually send any ID with mine which I didn’t realise until afterwards. Confirmation took 5 days at most I think. They then phoned me on the number I provided and took payment over the phone.

LS38Z

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.

noclaf

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

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....