Grant of Confirmation

Lane1

Hello again forum and thank you very much for the help already received.

However, going through the post I'm realising failings in my efforts.

My declaration is slightly problematic as the Will made in the 90s for my mother, has my late father and their solicitor as executors. It's an old address for her in both documents.

On his passing my mother had a codicil made revoking them both as executors and instilling myself and brothers as executors. The remainder of the will left as is.

However within the codicil the first name of one of the brothers is misspelt and a letter "s" missing from an address. So Im hoping this is easily remedied.

So going with what I've picked up I've created the following and would greatly welcome it being looked over.

"That I am executor nominate and son of the deceased along with brothers 1xxxxxx address and 2xxxxxxx address, conform to Will dated xxxxxx and Codicil dated xxxxxx both documents are herewith exhibited and docketed and signed as relative hereto.

In said Will the deceased is designed as "residing at xxxxxxxxxxxxxxx "

The said Codicil revokes appointment of executors designed in said Will, "xxxxxxxx" now deceased and "xxxxxxx" solicitor.

Said Steven Blogs is designed "Stephen Blogs" in said Codicil 

Said Anylands Drive is designed "Anyland Drive" in said Codicil."

buddy9

Lane1 said:

Hello again forum and thank you very much for the help already received.

However, going through the post I'm realising failings in my efforts.

My declaration is slightly problematic as the Will made in the 90s for my mother, has my late father and their solicitor as executors. It's an old address for her in both documents.

On his passing my mother had a codicil made revoking them both as executors and instilling myself and brothers as executors. The remainder of the will left as is.

However within the codicil the first name of one of the brothers is misspelt and a letter "s" missing from an address. So Im hoping this is easily remedied.

So going with what I've picked up I've created the following and would greatly welcome it being looked over.

"That I am executor nominate and son of the deceased along with brothers 1xxxxxx address and 2xxxxxxx address, conform to Will dated xxxxxx and Codicil dated xxxxxx both documents are herewith exhibited and docketed and signed as relative hereto.

In said Will the deceased is designed as "residing at xxxxxxxxxxxxxxx "

The said Codicil revokes appointment of executors designed in said Will, "xxxxxxxx" now deceased and "xxxxxxx" solicitor.

Said Steven Blogs is designed "Stephen Blogs" in said Codicil 

Said Anylands Drive is designed "Anyland Drive" in said Codicil."

 Could I check one thing. When you say  "It's an old address for her in both documents." Does this mean that both the will and the codicil have the same previous address for your mother?

Lane1

Apologies,its not clear. Yes same address both documents.

buddy9

I think the use of the term ‘brother’ might be an issue. And I suspect that you don’t need to reference the original executors.

Here is a suggested adaptation.

…………………..

That I am

along with (name and address of son 2) and (name and address of son 3) the executor nominate of the deceased conform to her Will dated (xxxxxx) and the Codicil thereto dated (xxxxxx), both documents are herewith exhibited and docketed and signed as relative hereto.

In the said Will and in the said Codicil the deceased is designed as residing at (xxxxxxxxxxxxxxx), a previous address.

In the said Codicil, the said Steven Blogs is incorrectly designed as Stephen Blogs, and the address of (xxxxxx) is incorrectly spelt Anyland Drive.

Myself, the said (name of son 2 ) and the said (name of son 3) are sons of the deceased.

……………………

Additionally, Currie on Confirmation contains example text for use in para 1 of page 2 where the deceased was designed in the will at a previous address.

Example

John Smith, residing sometime at (xxxxxxxxxx) and latterly at (xxxxxxxxxx)

Lane1

buddy9 thanks again. I appreciate your time in helping out with this.
Yes I just wasnt sure of the relationship name use so I feel that what you have said is more fitting. 
Thank you. 

galoglas1314

This thread is proving really helpful in what is an absolute minefield. Like many others I want to avoid using a lawyer . I want to be absolutely clear about the term Docquetted. I have the will in front of me . It has a cover sheet with a solicitors heading then the words will by J Bloggs.  Am I supposed to write something on this cover sheet before submitting it to the court ?

Lane1

I believe.......

Name Place and Date of signing       of doquet at top

(date to match the declaration so sign all on the same date)

Then Title of Document, so as below, with your specific details 

WILL DATED 1st FEBRUARY 2010
Referred to in my declaration of this date to the Inventory of the estate of the late JOHN SMITH

Your signature here.

So get it all done leaving this siging process till last. You could actually do it the day you take it to the court.

Im in the process too,thought I had it nailed but its difficult. Now have the you can pick your neighbours but not your family problem with gifts. Just adds to the stress. Ive got it all typed out and believe Ive worked out gifts/tax but its not helped by the guidance considering the public can attempt this. The form format for typing isnt helping either.

Theres also the following help on the Law Society of Scotland Webpage
https://www.lawscot.org.uk/members/journal/issues/vol-64-issue-01/c1s-why-they-bounce/

I would wait till the more knowledgeable on this forum interject for more assistance and correction of my input.

Whilst Im on could someone give an example or content indication of a covering letter and about additional copies of confirmation. I take it these extra copies are for banks pension etc waiting for proof before payment which I have with a pension everything else has paid out including bank stuff.

galoglas1314

Thanks Lane1, but do you know if that is written on the cover sheet or on the first page of the actual will. Very reluctant to write anything anywhere .

Lane1

I typed it on word, ran print on a sheet of stiff paper through the printer and stapled it to the front as a cover sheet. Ive a Codicil too and replicated the process for that also.

Lane1

Just to be clear, the printed part was only the doquet sentence with a dotted line below for signing. My intention is to physically write the place and date above. Everything needs to tie in as in the presentation of evidence. But again I may be corrected.