Grant of Confirmation

sheb

Thanks to one and all for the information in this thread. It seems to be so useful it has prompted me to register. Unfortunately, this means I have no idea how to use the software so please forgive...

I have offered to assist my father's widow with this process but I fear I have bitten off more than I can chew if the forms have to be completed in a particular way.

TcpnT, I would so appreciate sight of an example form but I have no idea how to 'PM you my email address'.

Gers

sheb wrote: »

TcpnT, I would so appreciate sight of an example form but I have no idea how to 'PM you my email address'.

Click on TcpnT's name on the left hand side of the post and select 'send a PM'.

Jk523

Can I ask is the info for docquet written on a separate sheet and attached to the will of written on the will itself

JoeM65

Hi TcpnT. I am new to MSE. I have been struggling to complete a Confirmation for my Mum’s estate. This forum has given more information than every other place put together.

If I PM you my email address would you be able to assist by sending the anonymised copies of the application forms?

Thanks

TcpnT

No problem. Just PM me.

Bartok67

I know this is an old thread but the information it contains has been very helpful in me being successful in attaining confirmation from Paisley sheriff court. If I can be of assistance to anybody just ask.

Smoked

Hi all. Thought I would share a few lessons learned on getting Confirmation approved. Thank you to this forum and @TcpnT for your help in getting this through. I was bounced from Jedburgh a few times and called in a favour from a Lawyer friend for advice. For context this was an estate valued over £36k but with a Will where everything went to my Dad. - So I thought it would be simple!

Key lessons learned:


1. The Will declared my Uncle as the Executor and me as 'Whom failing'. Given my Uncle was still alive and able he was the only person that needed to be named on the form.



2. The declaration (Question 2 on C1 form) we used:
" the Executor-nominate and <your relationship to the deceased> of the said deceased conform to the Will dated and signed <date of Will> which is exhibited, docquetted and signed as relative herto; I confirm that I have never been married to or in a civil partnership with the said deceased."



3. The Docket needs to be hand written by the executor directly onto the first page (not the cover sheet) of the original will. This needs to be signed, dated and the town stated where it was signed.

The docket words were: "This is the original Will of the late <Name of deceased> dated <todays date> referred to by me in my declaration of even date in the Form C1"


4. The Inventory:

Item 1 needs to be the heritable estate (house). Words used: "Subjects at <address of house> being the subjects registered at the land registry of Scotland under title number <title number of the deeds (your solicitor can provide this - freely available to them on line)> on <date the deeds were registered>.
Place the estimated full value of the house in the 'Price of shares column'.

Next line: "Whereof the deceased's one half share" Place half the value (assuming equally owned) in the last column.


Repeat for any other 'heritable estate and add a line to total the sum of the heritable estate; "Total Heritable estate in Scotland:" Place a sub total in the last column


Next line: Moveable estate in Scotland;

Next line: Item (2): "Household goods and personal effects value estimated by executrix on <date of death>"
Place full value in 'Price of Shares' and then the "Whereof the deceased's one half share" statement Place half the value (assuming equally owned) in the last column.


Final point on Inventory is list all the items in a logical order, include the name and town of the bank (or other financial institution) along with the account number. List the full value at the date of death in the price of shares and deceased one half share in the final column.

Separate out and sub total all the different part of the estate across the geographies as guided by C5 instructions.

QK108575

TcpnT wrote: »

If you PM me your email address I can send you anonymised copies of the application forms as completed by a solicitor in 2018. They may not cover your exact situation but the formatting and wording will be helpful. I have sent them to a couple of others further up the thread and they have found them useful.

Hi TcpnT, would it be possible for you to forward anonymised copies of the application forms that you submitted with your Grant of Confirmation.


I'm currently trying to complete the application for my Dads estate and it is such a minefield therefore any assistance / previous examples of accepted application would be greatly appreciated.

TcpnT

Hi TcpnT, would it be possible for you to forward anonymised copies of the application forms that you submitted with your Grant of Confirmation.

Sure. Just PM me your email address.

sheb

Firstly, many thanks to everyone who has contributed to this thread - the process would have been impossible without it. Special thanks to TcpnT who kindly provided anonymised forms which I followed slavishly. Despite this, however, my forms were returned for amendment and I'm still not really sure why my situation was different from the example but I think I should add this to the body of work in the thread...


In the example, it was clear that there was property involved but the Inventory entry under Heritable Estate in Scotland stated 'None' and gave a zero value. This was the approach I used too because I assumed that was the approach to take if, "there were words of survivorship in the title to the property, the property will normally pass to the survivor without the need for Confirmation" as per page 7 of the Notes. The disposition in the General Register of Sasines did include the phrase "and to the survivor of them..."



However, my form was returned for amendment because, according to the Sheriff Court, my father's "share of the heritable property should be included in the inventory, and totals increased accordingly". I then used the wording provided by NiceD on 10 Feb 15 as the basis for describing the property and Confirmation was granted.


Maybe I'm being cynical but I wonder if the reason I had to include it was so that they could determine the fee, but it could just be that I haven't understood the intricacies of this most arcane system and process. I have to say I am mightily relieved that this is the only time I will have to deal with the Scottish system but thanks again to everyone who made it possible.