Grant of Confirmation

FranckD

buddy9 said:

Its a very poor response from SCTS that doesn't identify where the errors or omissions are.

I would be happy to comment on anything by p.m. if this would help.

Hi buddy9,

I'm going to take another pass through everything again tonight and I might take you up your kind offer.

Thanks 

FranckD

Gers said:

I agree, but that's the (poor) system.  I used a solicitor to submit my application even though I did all the groundwork.  He certainly ensured that the forms were completed in the way that the Glasgow Sheriff Court accepted. 

Sorry that I can't help more, it may well be the doquet that's the problem, I would never have got it right as I think it's very specific, so for me it was worth the fee. 

Hi Gers,

The docquet does seem to cause a lot of the issues and it could well be that, though I used the wording in the HMRC Notes (HMRC C3(2006)(2021)) and checked that with Glasgow before submitting the docs. The email reply I got indicated that would be fine, though looking now at the actual words they used maybe not. They said, "Yes, this is the correct wording from the HMRC guidance notes." Now I think about it, that's less of a commitment than, "Yes, that's correct"! 

I've got a solicitor lined-up to deal with the title deeds transfer so I might have them check out / submit my application as you did if I don't have a eureka moment soon.  And I'm going to contact the Commissary tomorrow to see if they might give me a clue as to what I've done wrong. If that doesn't work then I really don't want to be wasting time having the application bouncing back and forth trying to guess what the error/omission might be.  

Thanks

FranckD

Sharrows_Shadow said:

FranckD said:

Hi,

I've just had the confirmation/inventory forms relating to my late sister's estate returned by Glasgow Commissary with the less than helpful:

“The forms contain errors and/or omissions. Employees of Scottish Courts and Tribunal services are not legally qualified and are therefore unable to assist with the completion of confirmation forms where the estate exceeds the value of £36,000. You may wish to consult a solicitor prior to re-submitting the application.”

I was pretty sure I'd completed the forms correctly, using advice on this forum where I was uncertain. But obviously my confidence was misplaced!  I've gone through my submission again (C1 & C5 forms, docquetted will, death certificate, three forms of ID) and still can't see what might be wrong/missing. The 'Commissary Says No' response without at least giving some hints as to why is ridiculous beyond belief. But my ranting isn't going to fix it. 

Before I resort to asking a solicitor to review what I've done, does anyone have any experience of dealing with the Glasgow Commissary? Any specific layout/wording/info provided you fell foul of?  Ideally if anyone can provide me redacted C1/C5 forms successfully submitted to Glasgow Commissary to check against that would be fantastic.

Thanks in advance for any help.

Most of this post relates to deaths before January 2022 and as the forms have changed maybe that's the problem? 
Also you can email back asking for pointers as to where you've gone wrong. Good luck

Hi,

My sister's death was 28-Dec so I'm using the old forms. Yes, I'm going to contact them to see if they'll point me in the right direction.

Thanks

Gers

I doubt that they will be allowed to help, it's part of the weird rules.

This is what my solicitor wrote on the application for Confirmation:

Declaration by:

 [Your name] residing at [Your address]

 1.      Who declares that the deceased

[full name]

Died on the date and at the place shown on page 1

Domiciled in [Sheriffdom of Glasgow and Strathkelvin in Scotland]

 2.      That I am

[daughter and executrix nominate of the deceased, conform to Will dated [ insert date] and registered in the Books of Council and Session on [date this was done], and Extract of which is produced herewith, docquetted and signed by me as relative hereto. In said Will the deceased is designed as residing at [insert address on Will] and I am designed as residing at my previous address of [my previous address]

I know that he had to get a code from HMRC to put in somewhere to confirm that no IHT was payable.

Hope it helps!

buddy9

Gers said:

This is what my solicitor wrote on the application for Confirmation: 2.      That I am

[daughter and executrix nominate of the deceased, conform to Will dated [ insert date] and registered in the Books of Council and Session on [date this was done], and Extract of which is produced herewith, docquetted and signed by me as relative hereto. In said Will the deceased is designed as residing at [insert address on Will] and I am designed as residing at my previous address of [my previous address]

Most DIY applicants will have the original will, therefore they should make no reference to the 'Books of Council and Session'

Gers

buddy9 said:

Gers said:

This is what my solicitor wrote on the application for Confirmation: 2.      That I am

[daughter and executrix nominate of the deceased, conform to Will dated [ insert date] and registered in the Books of Council and Session on [date this was done], and Extract of which is produced herewith, docquetted and signed by me as relative hereto. In said Will the deceased is designed as residing at [insert address on Will] and I am designed as residing at my previous address of [my previous address]

Mosy DIY applicants will have the original will, therefore they should make no reference to the 'Books of Council and Session'

I hadthe original Will, the solicitor sent it to be lodged. 

buddy9

Gers

When a will is sent to be lodged, a common practice by solicitors, the original will is retained by ROS, an extract is issued, and the extract is used for the confirmation application.

That would appear to be what happened in your case because your declaration referred to the extract.

FranckD

Gers said:

I doubt that they will be allowed to help, it's part of the weird rules.

This is what my solicitor wrote on the application for Confirmation:

Declaration by:

 [Your name] residing at [Your address]

 1.      Who declares that the deceased

[full name]

Died on the date and at the place shown on page 1

Domiciled in [Sheriffdom of Glasgow and Strathkelvin in Scotland]

 2.      That I am

[daughter and executrix nominate of the deceased, conform to Will dated [ insert date] and registered in the Books of Council and Session on [date this was done], and Extract of which is produced herewith, docquetted and signed by me as relative hereto. In said Will the deceased is designed as residing at [insert address on Will] and I am designed as residing at my previous address of [my previous address]

I know that he had to get a code from HMRC to put in somewhere to confirm that no IHT was payable.

Hope it helps!

Hi Gers,

You're right - I got the same "we're not allowed to help" response from them again today. 

My "That I am" is a bit different from yours. I don't have the "and registered in the Books of Council..." part (I provided the original Will) nor did I include my address as you did in the your last sentence. I think I'll just ask a solicitor to review the whole thing.

Thanks for your help. 

Gers

buddy9 said:

Gers

When a will is sent to be lodged, a common practice by solicitors, the original will is retained by ROS, an extract is issued, and the extract is used for the confirmation application.

That would appear to be what happened in your case because your declaration referred to the extract.

Yes -though the 'extract' was simply a copy of the original!

Feefmac

Thanks to all for the helpful comments on this threat, I have now submitted my application to Airdrie Sheriff Court, and the nervous waiting begins!  Does anyone know how soon I can expect to hear something, both in the case of there being a problem and if everything is OK?