Grant of Confirmation

Broonie38

When listing a property in the Inventory do you have to include Title Deed reference? We haven’t found these although know mum had them. Don’t think property was registered so will need to get a solicitor involved if we don’t find them when clearing house. 

buddy9

You can carry out online land registration searches at https://scotlis.ros.gov.uk/

There are inventory property examples on another thread.

skintmumofone

Broonie38 said:

When listing a property in the Inventory do you have to include Title Deed reference? We haven’t found these although know mum had them. Don’t think property was registered so will need to get a solicitor involved if we don’t find them when clearing house. 

If you need some help I’m an executry paralegal in Scotland law with over 20 years of experience I’d be happy to give you the narrative I use 

Broonie38

Can someone tell me if there are two Executors named in Will, do both have to be named in docquetting of Will with both having to sign, or just the Declarant Executor?

GSS20

Broonie38 said:

Can someone tell me if there are two Executors named in Will, do both have to be named in docquetting of Will with both having to sign, or just the Declarant Executor?

Only the person named as the declarant in the forms is named.

Debra0805

Hi and thanks for all the helpful information posted. I lost my lovely dad last year and I’m finally getting round to the grant of confirmation. I wondered if you have to add the estate agent as part of the property valuation to C1 and if so where? I’d also be grateful if anyone could send me an anonymised copy of C1 to compare as can’t cope with the prospect of resubmitting to the court. Much appreciated…

buddy9

The inventory in the C1 is a list of estate items with value at date of death. Given the time interval here, the estate agent valuation may not reflect the value at date of death if it was undertaken recently.

Unrelated to the confirmation process, and depending on who ihnerited the house (or share) and what the future plans are for the house, you might wish to consider whether there could be a capital gains tax liability.

Debra0805

Thanks for your advice the valuation was 10 months after and though it’s in the large estate criteria it’s not that large. It’s a simple will with a split between myself and my brother. I hadn’t realised the time interval could be an issue. The process is daunting enough at this point but I have found this forum really informative. Thanks again!

hudsonkyo14

Hello - I am a new member here and am very impressed with all the helpful comments from people.

Filling in the online C1 & C5 is mostly straight forward (apart from the "legalese") but I have a few questions:

Background:  I am executor for an aged relative, widower, stroke survivor many years in care, no heritable property (subsidised rent), almost no possessions, enough money to make it a large estate but below IHT limit, no debts.

1: Is NS&I situate in Scotland or England? - His interest-free certificate was bought when NS&I was in Glasgow, now they are in Sunderland; so when listing inventory is it estate in Scotland or England?

2: His personal effects were sent to the tip, except a TV, radio and some books and pictures; furniture mostly belonged to NHS, anything else was tipped in the house clearance.  Maximum value (and I'm being very generous) £1k.  Do I give personal effects with a £1k value in the inventory? 

3: At the date of death he was due refunds from TV License, gas/electric company and BT, plus a state pension refund - do these get included/itemised in the inventory?  They were not in his possession at the date of death but they are being ingathered.

I agree that these seem like small points but I will be submitting to the Edinburgh Sheriff Court and Forum members say that they are very finicky

Thanks...

Gers

My DM died this year so I can help slightly although my solicitor did the confirmation submission to Glasgow Sheriff Court. 

I can see that the NS&I premium bonds were listed as moveable estate in Scotland. The contents of her large three bedroom flat I put as £500. Almost everything went to charity or friends. Those things which went to auction realised very little, not as much as £500. 

It's HMRC which is interested in values. Once they confirmed that no IHT was due the solicitor was given codes to use when applying Confirmation. 

As for refunds, as no IHT was due I didn't stress about the refunds. The small amounts weren't enough to take the estate into paying IHT. I added to my own spreadsheet and in included it all into calculating legal rights. 

I hope you can figure it out.