Grant of Confirmation

Selkie56

I cannot tell you how incredibly helpful this forum has been to me especially the advice from buddy9 and Ghiblifan without whom I would still be struggling to complete C1. 
I have a couple of questions:
1. As per my late brother's wishes, we have sold a few personal items post-death, the proceeds of which have gone into his account and now form part of his estate I assume. But should I list these in the inventory with the amount for each item sold or, as they were sold post-death, do I omit them from the inventory? 
2. My late brother hated his middle names ie the names on his birth certificate,passport and on his will. Through common usage he used a different middle which is the name used on his bank account. Where can I indicate this on the form - box 2 on page 1 or box 1 on page 2? or somewhere else? 
Any advice will be much appreciated.

buddy9

Selkie56 said:

I cannot tell you how incredibly helpful this forum has been to me especially the advice from buddy9 and Ghiblifan without whom I would still be struggling to complete C1. 
I have a couple of questions:
1. As per my late brother's wishes, we have sold a few personal items post-death, the proceeds of which have gone into his account and now form part of his estate I assume. But should I list these in the inventory with the amount for each item sold or, as they were sold post-death, do I omit them from the inventory? 
2. My late brother hated his middle names ie the names on his birth certificate,passport and on his will. Through common usage he used a different middle which is the name used on his bank account. Where can I indicate this on the form - box 2 on page 1 or box 1 on page 2? or somewhere else? 
Any advice will be much appreciated.

Here is a suggestion.

The inventory is a statement of the deceased’s estate at the date of death. So the reference to late brother’s bank account in the inventory should be the balance (including interest) at date of death.

If the items sold can be categorised as personal possessions or household goods etc., include the value within an overall generic entry in the inventory. If the items don’t lend themselves to being included within a generic heading, then list them in the inventory.

In para 1 of page 2 enter both names used; for example John Kettle Brace Alexander otherwise known as John Keatley Alexander.

Selkie56

That helps. Thank you, buddy9. 

Selkie56

Another question, if I may. Post-death, my brother was refunded for things like car insurance, TV Licence, Council tax etc. I believe I need to list these individually with the amounts but do I list them under the heading 'Real and Personal Estate' .

buddy9

Overpayments where a refund is due are assets and should be included. List under moveable estate in Scotland.

Selkie56

Many thanks. 

crashedandcool

On my inventory one of the bank accounts sort code is a online direct bank rather than a branch so what address should I be putting there? Just put the local branch or the head office of the bank?

buddy9

crashedandcool said:

On my inventory one of the bank accounts sort code is a online direct bank rather than a branch so what address should I be putting there? Just put the local branch or the head office of the bank?

It depends on the nature of the account. I wouldn't be influenced by the sort code. If the account is branch based include the branch, if not include the head office. 

DelRioDan

Hi, been looking through all pages of this discussion but don't quite see this scenario. Due to an 'Evacuation of Special Destination' signed document existing, instead of being joint owners of a house (bought outright), this has created Tenants in Common, resulting in the confirmation being required to enable the survivor to take ownership of the deceased's half of the house. I wondered how this is referenced in the Confirmation application and if a copy of this signed document should be included. Has anyone had to apply for confirmation due to an 'Evacuation of Special Destination' being in place? Applicant is already Executor for the deceased's estate and is named on the title deeds but as this document supersedes the title deeds destination, confirmation is required to update the deeds.

buddy9

DelRioDan said:

Hi, been looking through all pages of this discussion but don't quite see this scenario. Due to an 'Evacuation of Special Destination' signed document existing, instead of being joint owners of a house (bought outright), this has created Tenants in Common, resulting in the confirmation being required to enable the survivor to take ownership of the deceased's half of the house. I wondered how this is referenced in the Confirmation application and if a copy of this signed document should be included. Has anyone had to apply for confirmation due to an 'Evacuation of Special Destination' being in place? Applicant is already Executor for the deceased's estate and is named on the title deeds but as this document supersedes the title deeds destination, confirmation is required to update the deeds.

As you are aware, a house would pass automatically to a survivor where there is a special destination (survivorship in the title), and the house would not appear on a confirmation inventory.

However evacuation of the special destination removes this survivorship and the deceased’s share of the house would then be required to be listed on the inventory as part of the estate to allow the executor to administer. (Tenants in common is an English law description rather than Scots Law, but the principle is similar)

Regarding Confirmation -The situation is straightforward. Title deeds are not checked as part of the confirmation process. A normal property description would be included in the inventory. The evacuation document would not be included, or referenced.

Regarding Succession - With a special destination, ownership would pass to the survivor. But without the special destination, the house share will pass to whoever inherits by will or by the rules of intestacy: this may or may not be the survivor.

But importantly - do you have assurance that the existence of the document has indeed evacuated the special destination?