Grant of Confirmation

GSS20

In the will it stated I nominate  as executor my daughter xxxx residing at xxxx. Did your mother state your relationship for executor purposes? There is another executor named the court will be expecting their name to be included and also in box 3

a_kilo_of_pennies

GSS20 said:

In the will it stated I nominate  as executor my daughter xxxx residing at xxxx. Did your mother state your relationship for executor purposes? There is another executor named the court will be expecting their name to be included and also in box 3

So my mum and her then-partner have a will titled:
"The will of [PARTNER'S FULL NAME] and [MUM'S FULL NAME]
We nominate [MY FULL NAME] as our executor"

The relationship isn't stated there, as I am not the son of my mum's partner. My relationship to her is stated in the first line of her section of the will:
"I, [MUM'S FULL NAME] leave ..[PROPERTY AND POSSESSIONS]...to my son [MY FULL NAME].
I wasn't residing in the UK at the time the will was written, so it she wrote this without my address.

For the second point, there are no other executors named on the will, or anywhere else on the C1 - only my details are on the first page of the C1. Is there anywhere else I should be looking at to see why this part should be filled in?

GSS20

I can’t see what’s wrong with the declaration. I don’t get what they mean by designed in the will. I would phone them up and ask for clarification, I would think they would suggest what needs to be done. From the messages hear I think Edinburgh is extremely fussy when dealing with confirmation.

naedanger

a_kilo_of_pennies said:

Hi all,
I've just received my application back (after a bit of a hiccup the first time round) with the following feedback.  Annoyingly, I made the same mistake as someone else earlier in this thread and did not put a place of signing of the docquet of the will, which I can amend.  However, I'm a bit confused to resolve these two points:

1. "The deceased and the executor are not designed in the will, this requires to be clarified in the declaration;"
2. "Box 3 on page 2 of the C1 is empty, please complete as required;"

For the first point, my mother (the deceased) names me as executor (jointly with her then-partner) and says I'm her son when mentioning beneficiaries. This is my declaration:
"Mr [FULL NAME], son of and executor-nominate of the late [DECEASED FULL NAME], residing at [MY ADDRESS IN SCOTLAND], conform to the will of the said deceased dated [DATE OF WILL]. Said will is produced herewith docquetted and signed by me as relative hereto; I confirm that I have never been married to or in a civil partnership with the said deceased."

• How would I change this declaration to satisfy their requirement?

For the second point, I've left it blank because I'm the only executor.  This is the box that says
That I ________________________ have entered or am about to enter, upon possession and management of the deceased's estate as Executor foresaid along with the said __________[BIG EMPTY BOX]______________.

• Do I just fill the first line with my full name, and leave the second box blank?  

I had a solicitor fill in this form, so I am not certain.

However regarding the second question, I was the sole executor, and my solicitor filled in question 3 as  "That I the said [my full name exactly as it appeared in the will] have entered ..." and the second box was left blank.

Regarding your first question, I am not sure. I think designed means given your address. So my guess is they want some form of words to say you and the deceased's addresses do not match addresses in the will because there weren't addresses given in the will for either of you. So maybe something like:
Mr [FULL NAME], son of and executor-nominate of the late [DECEASED FULL NAME], residing at [MY ADDRESS IN SCOTLAND], conform to the will of the said deceased dated [DATE OF WILL]. Within the said Will I was not designed as residing at any address and within the said Will the deceased was not designed as residing at any address. Said will is produced herewith docquetted and signed by me as relative hereto; I confirm that I have never been married to or in a civil partnership with the said deceased.
That said I am not at all convinced on this, and I suspect the court may just tell you to get legal advice.

Savvy_Sue

By 'designed', do you actually mean 'designated'? I can't help beyond that ... 

naedanger

Savvy_Sue said:

By 'designed', do you actually mean 'designated'? I can't help beyond that ... 

No, it does seem to be a term that lawyers (at least Scottish ones) use. The solicitor wrote on the C1 form that I had to complete "Within said Will the deceased is designed as residing at [address given in Will]."

I thought the same as you when I first saw that wording, but looked further and saw that they did mean "designed", although I agree it seems an odd word to use.

a_kilo_of_pennies

naedanger said:

I had a solicitor fill in this form, so I am not certain.

However regarding the second question, I was the sole executor, and my solicitor filled in question 3 as  "That I the said [my full name exactly as it appeared in the will] have entered ..." and the second box was left blank.

Regarding your first question, I am not sure. I think designed means given your address. So my guess is they want some form of words to say you and the deceased's addresses do not match addresses in the will because there weren't addresses given in the will for either of you. So maybe something like:
Mr [FULL NAME], son of and executor-nominate of the late [DECEASED FULL NAME], residing at [MY ADDRESS IN SCOTLAND], conform to the will of the said deceased dated [DATE OF WILL]. Within the said Will I was not designed as residing at any address and within the said Will the deceased was not designed as residing at any address. Said will is produced herewith docquetted and signed by me as relative hereto; I confirm that I have never been married to or in a civil partnership with the said deceased.
That said I am not at all convinced on this, and I suspect the court may just tell you to get legal advice.

Thank you and GSS20 for the help. 

I've phoned the Edinburgh Sheriff Court a few times before and they just blanket respond with get legal advice unless it's something that requires clarification from the website. That said, when they can help they are helpful. I think this is just a change of wording, which is kinda frustrating.

The "designed" wording had me confused as well until I started googling and it seemed like a term used in Scottish law, but still don't know the exact meaning of.

naedanger

a_kilo_of_pennies said:

naedanger said:

I had a solicitor fill in this form, so I am not certain.

However regarding the second question, I was the sole executor, and my solicitor filled in question 3 as  "That I the said [my full name exactly as it appeared in the will] have entered ..." and the second box was left blank.

Regarding your first question, I am not sure. I think designed means given your address. So my guess is they want some form of words to say you and the deceased's addresses do not match addresses in the will because there weren't addresses given in the will for either of you. So maybe something like:
Mr [FULL NAME], son of and executor-nominate of the late [DECEASED FULL NAME], residing at [MY ADDRESS IN SCOTLAND], conform to the will of the said deceased dated [DATE OF WILL]. Within the said Will I was not designed as residing at any address and within the said Will the deceased was not designed as residing at any address. Said will is produced herewith docquetted and signed by me as relative hereto; I confirm that I have never been married to or in a civil partnership with the said deceased.
That said I am not at all convinced on this, and I suspect the court may just tell you to get legal advice.

Thank you and GSS20 for the help. 

I've phoned the Edinburgh Sheriff Court a few times before and they just blanket respond with get legal advice unless it's something that requires clarification from the website. That said, when they can help they are helpful. I think this is just a change of wording, which is kinda frustrating.

The "designed" wording had me confused as well until I started googling and it seemed like a term used in Scottish law, but still don't know the exact meaning of.

And of course the difficulty of trying to obtain legal advice is that, unless you already know a solicitor, most will not be willing to do less than check the whole form at the cost of a few hundred pounds. Hopefully either someone else will be along to help you or your next attempt will be successful.

Savvy_Sue

Thank you for the education in legalese north of the border. And there was me thinking 'auto-correct' ...

Sutheia

I am the executor of my mother's estate. It's a fairly simple one, just some bank and building society accounts and some belongings, no property or shares or anything like that. There's enough money that I need to apply for confirmation. When I approached my mother's solicitor for assistance they wanted me to gather all the information and supply it to them and they would then complete the forms and apply for confirmation. The cost? £1200 plus VAT!! As I think that's outrageous for what for them is merely a standard form filling exercise I've decided to do it myself! I'm applying to Stirling Sheriff Court and have read the forum and had a trial run at doing the form. I've seen people offering to send redacted copies of successful applications though. Would anyone be willing to do that for me as a handy reference guide? Also if I have to identify myself when sending the application by mail do I need to include my actual passport and an original utility bill for instance? Any help much appreciated.