Grant of Confirmation

dbarclay81

One more point:

my inventory is over 2 pages so I have used forms C1 and C2. When I print them out I assume I put the two inventory pages together; do I manually update the page numbers for the rest of the C1 form - I.e. page 4 becomes page 5?

buddy9

dbarclay81 said:

1) My dad had 3 bank accounts with Santander, all three had the same sort code which relates to Bootle (assume head office) so I have put these under Estate in England & Wales. For the inventory do I give each a separate item number or include all under the same item and list the account details and balances of each?

You will want to accurately list each account details and date of death balance (including interest). I think the inventory numbering can be either way.

2) My dad made gifts of £x,000 in 2023/24 to family (the beneficiaries of the will). No previous gifts. For box 23 I have taken the inventory total plus £x,000 less £3k allowance for 2023/24 less £3k allowance for previous tax year unused. For box 24 I then took this gross total less funeral expenses from box 12 to give the net (no liabilities or mortgages). No money left to spouse or charity so box 25 = box 24. 

Looks correct.

3) I'd rather hand into the court (Paisley) rather than risk loosing documents in the post. Do I need to make an appointment or do I just attend the reception desk?

I would phone and speak to commissary at Paisley and be guided by their response

comments as above

buddy9

dbarclay81 said:

One more point:

my inventory is over 2 pages so I have used forms C1 and C2. When I print them out I assume I put the two inventory pages together; do I manually update the page numbers for the rest of the C1 form - I.e. page 4 becomes page 5?

If using a separate C2, that doesn’t seem to follow the C3 guidance which says to use numbering C2/1 etc. But then you need to manually enter in para 5 because the space there is insufficient.

There are alternatives:

• use the C1 version which combines extra inventory pages, or

• place all the inventory on an appendix (such as a spreadsheet), and make reference to this in para 5.

khab50

Hi and thanks to all that have left advice on this thread, especially buddy9, this has been an invaluable resource. 

I have a question regarding a formatting error in the address of the second executor on my father's will (my sister), I am the declarer. The address on the will is stated as 

(20) 2F3 Somewhere Street, Anytown, Postcode

It should be:

2F3 20 Somewhere Street, Anytown,  Postcode. 

Can I add the following to the declaration?

'In said will the address of said [sister's name] is spelt incorrectly as (20) 2F3 Somewhere Street.'

Or should 'spelt be 'stated' or some other term.

Thanks.

buddy9

khab50 said:

Can I add the following to the declaration?

'In said will the address of said [sister's name] is spelt incorrectly as (20) 2F3 Somewhere Street.'

Or should 'spelt be 'stated' or some other term.

I think using 'stated' or 'given' should be fine.

R0880_80

Hi,

Like many others, I've found this thread very useful when completing the C1 form. I think I might be on the right track now but wondered if someone would mind having a look at my declaration and inventory pages to see if I'm going wrong anywhere, and also to advise if the wording for my docquette looks okay?

Many thanks in advance.

<Town>, <Date>

This is the will referred to in my declaration of this date relative to the inventory of the estate of the late <Deceased Full Name>.

<Signed>

buddy9

R0880_80

Main issue. Why is there no estate listed in Scotland? The inventory should detail - a full and true inventory of the deceased’s estate and effects -  not just those items which require a certificate of confirmation to be released.

If there is no estate listed in Scotland confirmation unlikely to be issued and the application will likely be rejected.

Page 3. 

I would remove the item numbering from the summary entries.

Page 4. 

Box 1. Include in here also the will address

[full name] residing sometime at [will address] and latterly at [address]

Change to read ‘The Sheriffdom of Lothian and Borders in Scotland’

Para 2. I suspect this is acceptable.

Para 3. Because you are sole executor, pen through the words ‘along with the said’.

The docquet looks fine, so long as the date will match the date on the C1.

R0880_80

buddy9 said:

R0880_80

Main issue. Why is there no estate listed in Scotland? The inventory should detail - a full and true inventory of the deceased’s estate and effects -  not just those items which require a certificate of confirmation to be released.

If there is no estate listed in Scotland confirmation unlikely to be issued and the application will likely be rejected.

Page 3. 

I would remove the item numbering from the summary entries.

Page 4. 

Box 1. Include in here also the will address

[full name] residing sometime at [will address] and latterly at [address]

Change to read ‘The Sheriffdom of Lothian and Borders in Scotland’

Para 2. I suspect this is acceptable.

Para 3. Because you are sole executor, pen through the words ‘along with the said’.

The docquet looks fine, so long as the date will match the date on the C1.

Hi Buddy9,

Thanks for your quick response, your input is much appreciated.

My dad was in a care home when he died so his only assets were his bank accounts. Does at least part of the estate have to be in Scotland in order for confirmation to be granted? He was domiciled in Scotland but his bank is based in England.

Just to double check also, I should remove item numbers 7, 8, & 9 from the inventory?

Thanks again

buddy9

R0880_80 said:

My dad was in a care home when he died so his only assets were his bank accounts. Does at least part of the estate have to be in Scotland in order for confirmation to be granted? He was domiciled in Scotland but his bank is based in England.

Just to double check also, I should remove item numbers 7, 8, & 9 from the inventory?

My understanding is that SCTS take the view that Confirmation will only be issued where there is an item of Scottish confirmable estate in the inventory.

Eg. in SCTS guidance “It should be noted that, in terms of the Administration of Estates Act 1971 section 6, confirmation cannot be issued if there is no estate in Scotland". 

You might therefore wish to list some modestly valued Scottish moveable estate entries in the inventory such as ‘cash in possession’, ‘personal effects’ etc.

Keep the summary but do not number it.

R0880_80

buddy9 said:

R0880_80 said:

My dad was in a care home when he died so his only assets were his bank accounts. Does at least part of the estate have to be in Scotland in order for confirmation to be granted? He was domiciled in Scotland but his bank is based in England.

Just to double check also, I should remove item numbers 7, 8, & 9 from the inventory?

My understanding is that SCTS take the view that Confirmation will only be issued where there is an item of Scottish confirmable estate in the inventory.

Eg. in SCTS guidance “It should be noted that, in terms of the Administration of Estates Act 1971 section 6, confirmation cannot be issued if there is no estate in Scotland". 

You might therefore wish to list some modestly valued Scottish moveable estate entries in the inventory such as ‘cash in possession’, ‘personal effects’ etc.

Keep the summary but do not number it.

Thank you, I will add something into the Scottish moveable estate section.

Can I just double check one last thing....

When you said to 

'Page 4. 

Box 1. Include in here also the will address

[full name] residing sometime at [will address] and latterly at [address]'

Is this where you meant?