Grant of Confirmation

andybw

Hi and thanks again folks. 

I think I am now in a position to submit my C1 and correctly docquetted will and hopefully (cross fingers) have my submission deemed acceptable first time round.  If only the court would answer the phone so I can garner exactly what they want!!!

I wonder if it is worth popping round to the court in person?(Dumfries)

I have some claim forms for accounts/investments for which I need to order certificates of confirmation but do not need copies of the will so that seems straightforward. 

However, there is a property on the C1 inventory which I obviously don't have a claim form for which to guide me.  When dealing with future conveyancing of the property should providing a certificate of confirmation suffice, or am I also going to require a copy of the will.

Many thanks in advance

buddy9

You should receive the original will back with the confirmation, I did recently. So this assumes that all sheriff courts operate the same procedure. 

The will is probably not required for conveyancing.

For conveyancing, the grant of Confirmation can be used but perhaps a better arrangement is to obtain a separate certificate for the house that you can use for the conveyancing. This allows you to retain the Confirmation document.

Hand delivery of documents to court is a good idea, but best to arrange first by phone!

GhibliFan

@andybw  The Solicitor who handled the Conveyance of my Mum's property wanted to see a copy of the Will, the Property Deeds, as well as the Confirmation Certificate, my driving licence/ID  (and I think also a copy of the Death Certificate, but I'm not 100% certain about that).  I have no idea if that's standard or not, though.

The original will was returned to me from Sheriff's Court with the Confirmation Certs and a photocopy of my C1.

Odd that you can't get the Court on the phone.  I did but they weren't able to give me any advice about filling in C1 as estate was over £36,000.  They did help in other ways though (telling me to have my ID certified at my local Sheriffs Court and ask them to put my application documents into the Court's internal mail system, to avoid losses in the post - which they did, somewhat reluctantly). 

Don't forget to include a covering letter, telling them which items on the C1 Inventory you want Confirmation for.  

andybw

Thanks @Buddy9 and @GhibliFan

Will write up a covering letter.

I'll try again with phoning the court on Monday.  Maybe they were just busy yesterday,  I brought ID up with me in case I needed to prove myself to anyone. I will definitely be taking the forms into court by hand if possible, don't fancy chancing losing the will in the postal system if I don't need to.

Are the confirmation certificates posted out or is it possible to pick them up in person??  I ask as I'm currently up at my late mothers house (near the court) right now, but currently live 400 miles away in the South of England.

GhibliFan

I think that's something you'd need to discuss with them. Hopefully you'll get through on the phone on Monday.  You don't say how long you'll be in Scotland for, but the process of getting the Confirmation Certificates generally takes a couple of weeks, at least.  If you'll be here for a while they probably won't mind you picking them up in person.

 I got mine back in the post.  I think most people do.

willie120c

@andybw if you're hand delivering take your id with you and they'll copy it and add to the application. They won't usually check the form while you're there but will return it with a covering letter highlighting any errors to your address. However, you then need to resubmit it with the Will, etc again including their "knock back" letter.

andybw

Thanks everyone.

I managed to get through on the phone to the court this morning, and took the C1/Will in afterwards.  I took the will undocquetted in the (turned out to be vain) hope they would check my wording.  So I Docquetted the will and signed the C1 at the court, then handed in along with a covering letter I had discussed on the phone (Noting certificates required, the fact I'd like to pick up in person, my phone number etc).  The court official took my ID, copied it and returned the originals to me.

Turnaround time is apparently around a week, so I'll let everyone know how I got on shortly.

GhibliFan

@andybw Best of luck. I think it's ludicrous that they won't help with the docquet wording, it's just  two lines. But that's the rules.  Let us know how you get on.  Btw, I think a week is quick! 

andybw

@GhibliFan Yes I was pretty pleased to hear that turnaround was approximately 1 week.

Earls_waistcoat

I recently completed the Confirmation process and it was granted to me at my 3rd attempt. Commissary staff at the court were helpful with advice and guidance on the rejection letters. They will rarely give advice at the counter. 

Other Sheriffdoms might have different ideas of what they require. I suggest completing the form online and then printing it off. If I have missed any sections out it means I did not have to deal with that section and cannot offer any assistance there.

Page 1 - CONFIRMATION 

This page is pretty straightforward. Make sure all Executor nominates are listed. Numbers are acceptable for addresses.

Box 9 - Do not add total until the form is complete.

Page 2 - DECLARATION BY

(Declaration by lead executor) 

Joseph Bloggs, 1 High Street, Anytown, AB1 2CD

Box 1 - (deceaseds name) 

Peter Bloggs domiciled in Sheriffdom of South Strathclyde, Dumfries and Galloway ( go online to find your own Sheriffdom)

Box 2 - That I am 

Joseph Bloggs, son of said Peter Bloggs (deceased) and executor nominate conform to his will dated 15/0/2002 and codicils dated 23/09/2008 and 22/01/2021. In said will and in the codicil dated 23/09/2008 the deceased is designed as residing at Eighteen High Street, Anytown, AB123CD and Three Low Street, Anytown, AB123CD respectively. Those codicils confirmed my appointment as executor nominate and nominated Robert Bloggs, son of said Peter Bloggs (deceased), Ten Middle Road, Anytown,AB124CD, previously of Eleven Smith Street, Anytown, AB128CD as an executor nominate. Said wills and codicils are produced herewith and docquetted as relative hereto. 

NOTE - use written numbers in this section. Use the strange form of legal wording as shown above. I have not misspelled anything. Always include previous addresses if listed on the will/codicil. 

To docquett a will or codicil hand write at the top of page 1 of the will AND the top of any codicils  

“Town”. “Date”. 

“This is the will (codicil) of “deceased’s name” referred to in my declaration of this date.” 

Signature.

Box 3 - Joseph Bloggs (same name as the person making the declaration)

Now add the second executor’s name, address and if relevant add a “previously of” address if that old address is mentioned on the will/codicil. Use written numbers.

Box 5 - if the inventory is 1 page complete by stating “pages 3 to 3”

Box 6 - leave this empty just now. Add this figure at end.

Sign and date after form is completed

Page 3 - INVENTORY

The headings given on this page are VERY important and must be written on the form in this order.

Heritable estate in Scotland

50% ownership share of the terraced dwellinghouse at Eleven Smith Street, Anytown, AB128C. This description was accepted. I thereafter estimated the value and added it to column 4.

Moveable estate in Scotland

List any bank accounts etc here. 

Give account and sort codes and the Scottish branch address where possible.

Give a Scottish HQ address if necessary

For NS&I investments I did not list any address as it is now based in England. 

List a motor vehicle, give the Reg no. and estimate value

List any cash immediately to hand

List any other valuables

Add all values in column 4 which now shows the total at the bottom of the page on the “carried forward” box.

Now write these headings.

Summary for Confirmation

Total estate in Scotland - £xxxxxx (same figure as carried forward figure)

( do not write this figure in column 4. Keep it within the description.)

Total estate in England and Wales

Add 0 to column 4

Total estate in Northern Ireland

Add 0 to column 4

Total estate elsewhere

Add 0 to column 4

Total for confirmation - £xxxxxx ( do not write this figure in column 4. Keep it within the description.

Do not miss out any of those headings. If there is zero estate in England, Wales or NI both confirmation totals should be the same as the total shown at the bottom of the page in the “carried forward” box.

NOTE - when filling in column 4 just type a value 123456.78 etc as the computer will correctly format it as 123,456.78.

Page 4 - VALUE OF ESTATE FOR CONFIRMATION

Box 11 - Note the “carried forward” total and add it into the box.

Box 12 - add the cost of the funeral, flowers, orders of service, funeral tea etc

Box 15 - deduct box 12 from box 11 and write the answer in this box.

Boxes 16-20 should be completed if appropriate. If you don’t know the UTR number just write “don’t know”

Boxes 21-26 are inheritance tax questions. If no Tax payable you are an excepted estate.

Finally

Page 1 box 9 and Page 2 box 6 should now be filled in with the “carried forward” total.

Good luck everyone. Hope this helps.