Grant of Confirmation

Lori108

• Hi, this is a great forum that I wish that I had found before I completed, what I thought was a pretty straightforward application as I am rhe Executor in the will, It was returned yesterday just saying it was completed incorrectly but no idea which part.  My late Dad only had a small bank account and owned his property with a small mortgage on it so not sure if its how I put in those figures where the error occurred.  Would really appreciate if anyone could send my an anonymised copy of their C1 so that I can maybe see where my error was....or point me in the right direction.  Thanks in advance of any help. 

steelbru

In the MSE Guide to Probate, https://www.moneysavingexpert.com/family/guide-to-probate  it states :-
"Does everyone need to use probate?
No. Many estates don't need to go through this process. If there's only jointly-owned property and money which passes to a spouse or civil partner when someone dies, probate will not normally be needed."

Does anyone know if similar applies in Scotland ( where the property title deeds contain the 'survivorship clause' )

Mum died recently, and her will leaves everything to dad, and her estate consists of a jointly owned house and 2 joint bank accounts ( plus share of furniture and some personal possessions of little value ). Do I still need to fill out form C1, I can't see me needing confirmation as the banks will change the account from joint to single without it ?

Do I still need to fill out C5 to show whether or not Inheritance Tax will be due ? ( it won't be ) 

GSS20

I wouldn’t think you need to. Everything is passed to your father and banks willing to transfer everything to a sole account then there is no need. We didn’t apply for confirmation for my father’s estate and when my mother sold the house there were no problems at all.

steelbru

Many thanks GSS20 for the reply, fingers crossed I can avoid the hassle !

Gillybilly_2

@steelbru, you can always phone the Sheriff Court local to your dad and seek advice from them.  They are happy to help if it would be a Small Estate, under (£36000) which this would be as the house has passed under survivorship.. They will not discuss anything if the estate was valued over that amount.  My mum was in a similar position, except one company asked for Confirmation to release a small amount of money from a savings account in her husband's  name.   

Good luck

Gers

I'm having to have obtain Confirmation for DM's estate only for NS&I where she had Premium Bonds.  Her bank paid out on receipt of the death certificate and a certified copy of her Will. 

steelbru

Gillybilly - unfortunately the cash in the 2 bank accounts would be a few £k over the £35k limit for small estates, so I'm assuming the Sheriff court won't give out any advice. Might try the Citizens Advice Bureau as they often have retired lawyers available to help.

aemcl

Hi everyone. Just handed my forms into Dundee Sheriff court then thought to read this thread. Now I’m really worried about my dad’s 2 properties as I didn’t mention anything about Sasines register. I just put the addresses. Help!  Have I failed already. I haven’t referred to the deeds at all. 

Gillybilly_2

Hi aemcl - you may be lucky, however I think you will need to provide the relevant registry information as the reference point rather than just the address.

Gers

Gers said:

I'm having to have obtain Confirmation for DM's estate only for NS&I where she had Premium Bonds.  Her bank paid out on receipt of the death certificate and a certified copy of her Will. 

Update - NS&I didn't want Confirmation and have now paid out to me all the PB funds today.  And I do need Confirmation to sell the property!  It's been a 'journey'.