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Grant of Confirmation
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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'.
Click on TcpnT's name on the left hand side of the post and select 'send a PM'.
If I PM you my email address would you be able to assist by sending the anonymised copies of the application forms?
Thanks
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.
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.
Sure. Just PM me your email address.
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.