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Grant of Confirmation
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Anybody got any pointers of what to put in inventory for property. I have put the address and that it registered on sasines register of Scotland and reference no. Also brief description of house and that deeds held with bank. Am I on the right lines with that.
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Forms sent in last week not been returned .so fingers crossed got it right. Thanks for all your help.
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Hi, I am helping my mum fill out confirmation forms for my dads estate. There was a will leaving everything to my mum but it was only my dads name on the house deeds so she's been told she will need confirmation to have the deeds put into her name. I have found this thread very useful and would be grateful if anyone could send me a redacted copy to help me complete forms.0
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Welcome to the site @wilfred47. I have not had to include a house on the inventory so my C1 probably wont be that useful to you. The house was jointly owned with a survivorship clause. Just a suggestion, have you looked at this:-
Transfer of Title Deeds Scotland
20 January 2016 at 2:45PM edited 20 January 2016 at 2:47PM in Deaths, Funerals & Probate5 REPLIES7.5K VIEWSTravelTigerForumite20 POSTS
Hi. I am the Executor of my father’s Will, he was the owner of a registered property in Scotland which he has willed to my Mother. His name is the only one mentioned in the Title Deeds. I am an only son and I am named in my mother’s Will as the sole beneficiary of her estate. I had originally planned to transfer the Title Deeds to my mother however I am now considering leaving the Deeds in my father’s name until I eventually inherit the property. This would avoid the expenses of transferring the property twice. Are there any issues I am likely to have if I proceed in this way? Would it cause a delay when I came to sell the property?
I have a Grant of Confirmation from the local Sheriff’s Office so I am in a position to request a change to the registration, it is only the fees that are putting me off.
Hi, I posed a new question to Registers Scotland:
"I am the Executor of my father’s will and I am looking to transfer the Title Deeds and Registration of the family home to my Mother. Can you tell me is there a time limit on the transfer of registration after a death. I am the only heir to my mothers estate and I am considering leaving the property in my fathers name until I eventually inherit it. Would this be an issue from your point of view?"
The reply from the same person as replied previously was:
"There is no need to do this at the moment. You can leave it in your late father’s name."
Apologies, I have yet to master the referencing and quoting bit, but you can find the full thread. If you only need Confirmation to change the deeds and you are in a similar position as TravelTiger, is it worth it? Obtaining Confirmation is costly if the value of the estate is over £50,000... £260+.0 -
Gillybilly_2 said:Welcome to the site @wilfred47. I have not had to include a house on the inventory so my C1 probably wont be that useful to you. The house was jointly owned with a survivorship clause. Just a suggestion, have you looked at this:-
Transfer of Title Deeds Scotland
20 January 2016 at 2:45PM edited 20 January 2016 at 2:47PM in Deaths, Funerals & Probate5 REPLIES7.5K VIEWSHi. I am the Executor of my father’s Will, he was the owner of a registered property in Scotland which he has willed to my Mother. His name is the only one mentioned in the Title Deeds. I am an only son and I am named in my mother’s Will as the sole beneficiary of her estate. I had originally planned to transfer the Title Deeds to my mother however I am now considering leaving the Deeds in my father’s name until I eventually inherit the property. This would avoid the expenses of transferring the property twice. Are there any issues I am likely to have if I proceed in this way? Would it cause a delay when I came to sell the property?
I have a Grant of Confirmation from the local Sheriff’s Office so I am in a position to request a change to the registration, it is only the fees that are putting me off.
Hi, I posed a new question to Registers Scotland:
"I am the Executor of my father’s will and I am looking to transfer the Title Deeds and Registration of the family home to my Mother. Can you tell me is there a time limit on the transfer of registration after a death. I am the only heir to my mothers estate and I am considering leaving the property in my fathers name until I eventually inherit it. Would this be an issue from your point of view?"
The reply from the same person as replied previously was:
"There is no need to do this at the moment. You can leave it in your late father’s name."
Apologies, I have yet to master the referencing and quoting bit, but you can find the full thread. If you only need Confirmation to change the deeds and you are in a similar position as TravelTiger, is it worth it? Obtaining Confirmation is costly if the value of the estate is over £50,000... £260+.0 -
First post here, looking for some advice as this thread appears to be a knowledgeable mine of information.
My father in law died recently.
He left a will naming his wife, my mother in law, as the executor, and the beneficiary of his entire estate.
She is elderly and has asked my wife and I to assist her with some admin matters.
We’ve managed to successfully trace and check everything so now have some letters in relation to confirmation.
1) There is a house (main residence) and a flat (rented out) that they both owned jointly - both named on title deeds, 50% share each. Annoyingly at the time of purchase their solicitor didn’t put a survivorship clause in, so my understanding is we will need to put these properties on the confirmation form to “unite” the 50 percent shares together under Mother in Law’s ownership. Is this correct and what’s the best way to show this?
2) There were no bank accounts etc in FIL’s sole name. The current account was in joint names and the bank has now transferred to to MIL’s sole name. Am I correct in saying we need to put down this account in the form and declare a 50% share of balance at time of death?
3) There was a life insurance policy but this was set up as a trust and the paperwork says it is not part of the estate, so presumably it need not be mentioned on the form?
4) There were a couple of credit cards with debt balances on them. The companies involved have accepted verbally that there are no moveable funds in the estate to pay these and have written back to say they won’t seek repayment. My understanding is I should list these debts on the form.
5) I’ve seen reference made on here to other possessions being listed as part of the moveable estate. Aside from his clothes and a few personal effects, everything in the house such as TV, furniture etc is either owned by MIL or would have been jointly owned. How do we deal with this on the form.
Aside from C1, what forms do we need to complete? Given the estate is entirely left to his spouse and wouldn’t be anywhere near £1 million, I presume there are no inheritance tax issues.Thanks in advance for the answers to these questions, and if someone was in a position to be able to show me an example of a completed form I’d appreciate it.0 -
Hi and welcome to this thread. I am assuming that a company has asked for Confirmation to release funds?0
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No, no-one has asked for it thus far, but it was suggested to me that it’s necessary because the properties don’t have a survivorship clause...0
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Great thread - thank you to everyone who has posted guidance.
I'd appreciate if someone who has previously offered to share an anonymised Inventory could share a copy with me please?
I need to complete one where the deceased had 2 properties - interested to see what wording has been accepted as read somewhere that you had to copy the "All and wholly ..." wording from the Title Deeds but notice a previous post suggested the "subjects ... " & title number wording instead.
There is also a Share Portfolio to be included. Not sure whether I need to list each share individually or if I can list as the probate value total as advised by the Investment Co?
Will need to submit to Edin Sheriff Court so would be good to see an example they have accepted.
Thank you0 -
This is a great thread and the most helpful one that I have found in helping me to complete a C1 & C5 form. I too will be sending the forms off to the Edinburgh Sheriff Court by recorded delivery. As they seem to be very fussy about the wording of the forms can someone please send me a anonymous copy so that this process can be completed without any more stress.Many thanks in advance.0
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