Grant of Confirmation

FranckD

Hi,

Thought I'd share where I'm at after my initial application got bounced by Glasgow Commissary with their less than helpful observation of: 'The forms contain errors and/or omissions'.

I re-submitted my application on 3rd March and it got granted on 16th March. Yeeha!  Current timescale for Glasgow Commissary issuing confirmation is 6 weeks from date of receipt.

In the end I contacted a solicitor and asked her to take a look at my initial submission, to help identify where the unspecified 'errors/omissions' might be. She suggested an additional sentence in the 'That I am' part of the Declaration and a few additional words in the docquet.

Accepted version of 'That I am' wording:
<my name as stated in the Will>, Brother and Executor Nominate of the late <my sister's name as stated in the Will> conform to the Will of the deceased who resided at <my sister's address as stated in the Will>, dated <date of Will> which is produced herewith, docquetted and signed by me as relative hereto. In said Will I am described as <my name as stated in the Will>, residing at <my address as stated in the Will>.

Accepted version of docquet wording and order:
<date of signing>
<place of signing>
This is the Will referred to in my declaration of this date to the Inventory of the estate of the late <my sister's name as stated in the Will>.
<my signature>

Other change suggested by the solicitor:
- Include the 'branch' addresses of all banks, insurance companies, NS&I, etc. listed in the Inventory. For example, my sister had some premium bonds so in the Description of that item in the Inventory I added 'Address: NS&I, Sunderland SR43 2SB', and for her Santander Current Account I added 'Address: Bridle Road Bootle Merseyside L30 4GB'.

Thanks for all the help, tips, advice in this forum - it would have been impossible to navigate the confirmation minefield without it.

Imagnu_2

i would like to say thanks to the contributors on this thread. I procrastinated over my application for Grant of Confirmation for my late husbands estate, read and re-read this thread. But i got it done, sent it off, had it returned immediately with a covering letter showing what amendments were needed, spoke to the Sheriffs office to clarify one of the points, resubmitted it and 6 days later it was granted. 

Feefmac

Success! With thanks to everyone for the useful comments here, I submitted a successful confirmation application to Airdrie Sheriff Court.  9 days after they received it, they phoned me for payment, and the confirmation came back a week after that.

My situation was that my mother was named executor in my father's will, whom failing I was named. His official postal address had changed since the will although he had not moved house.  I had got married and moved house since the will, and my mother had died.

The declaration was as follows:
That I am daughter and executrix nominate of the deceased conform to his Will dated [date of will] which Will is produced herewith, docquetted and signed by me as relative hereto. Declaring that in said Will (1) I am designed as [my maiden name], residing at [my previous address], (2) the wife of the deceased, [my mother's name], designed as "residing with me at [my father's address], aforesaid" who was nominated as Executrix predeceased the said deceased on [date of my mother's death] and (3) the deceased's address is stated as [ my father's address exactly as in the will]

The docquetting of the will reads:
At [town of my home address] [date I signed the forms]. This is the will referred to in my declaration of this date relative to the inventory of the estate of the late [my father's full name]. [My signature].

In the inventory, I put the town and postcode of each bank.

Thank you all!

ChristinaGray

Loving all the information.  Does anyone know if you have a small will amendment how you add it to the I am part.  My mother in law owner her home but remarried and added a note that her new husband could stay in her home until he died if she died first.  He dies a few months before her.  Does anyone know if it asks how many children she had if you include step children?  Any help is appreciated.

Keep_pedalling

You don’t include step children unless they have been adopted by the testator. 

buddy9

ChristinaGray said:

Loving all the information.  Does anyone know if you have a small will amendment how you add it to the I am part.  My mother in law owner her home but remarried and added a note that her new husband could stay in her home until he died if she died first.  He dies a few months before her.  Does anyone know if it asks how many children she had if you include step children?  Any help is appreciated.

Are you asking how to reference a codicil to a will in the declaration?

ChristinaGray

Yes buddy9

buddy9

ChristinaGray said:

Yes buddy9

From the information you give, it appears that the 'note that was added' will have no effect due to the husband predeceasing your MIL.

The Confirmation guidance note (C3) advises to describe the Will and any codicils or associated documents. And the declarant to the Confirmation application is declaring that they know of no other testamentary writing. On this basis, if there is a valid codicil, and it is being referred to in the declaration, you would need to include something like ................confirm to her Will dated [enter date of Will] and the Codicil to the said Will dated [enter date of codicil] which are herewith exhibited and docquetted and signed by me as relative hereto.

ChristinaGray

Thank you.  Where it says deceased full name the notes say as it is on the will.  This is her previous married name is that the one you use?

ChristinaGray

Did anyone have a problem entering a total in box 15?  It won't let me type anything there.