Grant of Confirmation

buddy9

 

That's it.

R0880_80

buddy9 said:

 

That's it.

Thanks again, much appreciated.

I'll let you know how I get on

WeeJockMcPlop

I'm having two issues of which I'm sure I'm not the first person to have. Background for context: my mother died 5 years ago and my father died just recently. I got confirmation of his estate/will, thanks in part to some useful information on here. When I began the process of selling the house I discovered that my parents had evacuated special destination in the title of the house and, in effect, my brother, sister and I inherited our mother's share 5 years ago rather than it passing to our dad (but granting him a liferent). The trouble is that my dad should have applied for confirmation when mum died, but did not. I followed the detail we used in my dad's confirmation (with the added C5 as her death was before 2021) but the court rejected it. Here are the issues:

1. My mum had two middle names but routinely ony used one of them. As such her will has one middle name but her death certificate has both. The court want this to be referred to in the declaration. Should I use all the names in the confirmation paperwork or just the name in the will? And how would the reference in the declaration even be worded?

2. Since my dad has now died I have to refer to the fact that my mum was named as main executor. This was easy for my dad's confirmation "In said will <mum's name> was named executor primo loco, the said <mum's name> predeceased the said deceased". I need to have a similar phrase for my dad's confirmation, but post-deceased sounds daft and I cannot figure out a way to word that. The court reply states I need to say that the husband of the deceased survived but did not get confirmation in respect of his wife. Again I'm stumped for wording.

3. The third issue is that, while I have accepted what the court says as valid, there's now too many characters for the box on the form. There are three joint executors, one of whom had an address change since the will was written, one deceased primo loco executor and a reference to the fact that the primo loco executor did not get confirmation when the deceased actually died. There's no information in the guidance notes to address this problem.

Any advice is appreciated

buddy9

WeeJockMcPlop said:

I'm having two issues of which I'm sure I'm not the first person to have. Background for context: my mother died 5 years ago and my father died just recently. I got confirmation of his estate/will, thanks in part to some useful information on here. When I began the process of selling the house I discovered that my parents had evacuated special destination in the title of the house and, in effect, my brother, sister and I inherited our mother's share 5 years ago rather than it passing to our dad (but granting him a liferent). The trouble is that my dad should have applied for confirmation when mum died, but did not. I followed the detail we used in my dad's confirmation (with the added C5 as her death was before 2021) but the court rejected it. Here are the issues:

1. My mum had two middle names but routinely ony used one of them. As such her will has one middle name but her death certificate has both. The court want this to be referred to in the declaration. Should I use all the names in the confirmation paperwork or just the name in the will? And how would the reference in the declaration even be worded?

2. Since my dad has now died I have to refer to the fact that my mum was named as main executor. This was easy for my dad's confirmation "In said will <mum's name> was named executor primo loco, the said <mum's name> predeceased the said deceased". I need to have a similar phrase for my dad's confirmation, but post-deceased sounds daft and I cannot figure out a way to word that. The court reply states I need to say that the husband of the deceased survived but did not get confirmation in respect of his wife. Again I'm stumped for wording.

3. The third issue is that, while I have accepted what the court says as valid, there's now too many characters for the box on the form. There are three joint executors, one of whom had an address change since the will was written, one deceased primo loco executor and a reference to the fact that the primo loco executor did not get confirmation when the deceased actually died. There's no information in the guidance notes to address this problem.

Any advice is appreciated

I assume that the three children are substitute executors in mother’s will. And assume mother and father married.

If the court is accepting a nominate confirmation, which seems to be the case on the basis of your information, here are suggestions:

Use mother’s full name in the C1 and C5. In the first box of para 1 of page 2 give mother’s name as eg. Jean Gladys Susan Smith otherwise known as Jean Gladys Smith

For para 2

That I am

along with [name and address of 2nd executor] and [name and address of 3rd executor] the executor-nominate of the said deceased conform to the will dated [date] which is exhibited, docquetted and signed by me as relative thereto. In said will, [name of father] the husband of the said deceased is nominated executor primo loco, but the said [name of father] died without expeding confirmation. In said will the said deceased is named as [will name] and the said [executor’s name] is designed as residing at [will address], a previous address. Myself, the said [name of 2nd executor] and the said [name of 3rd executor] are children of the said deceased.

If the box isn’t large enough, type para 2 text on a separate piece of paper and in the box enter ‘see a paper apart’.

NeedHelp81

HI everyone, currently on my second attempt to apply for confirmation (Scotland) after the death of my mum end of last year.  I've found so much help and advice on here so I think this time it is completed correctly (fingers crossed)   My question is the Clerk told me when I resubmit I only need to send the original will which I have docqueted and signed and two forms of ID - drivers licence and utility bill (the latter all all in husbands name sigh) but I could send a letter from DVLA would that suffice.  Also - should I include as part of the documents, death certificate bank account statement at time of death, policy statements, her property title deeds -  or are the account details and addresses listed on the inventory sufficient ?  

buddy9

NeedHelp81 said:

HI everyone, currently on my second attempt to apply for confirmation (Scotland) after the death of my mum end of last year.  I've found so much help and advice on here so I think this time it is completed correctly (fingers crossed)   My question is the Clerk told me when I resubmit I only need to send the original will which I have docqueted and signed and two forms of ID - drivers licence and utility bill (the latter all all in husbands name sigh) but I could send a letter from DVLA would that suffice.  Also - should I include as part of the documents, death certificate bank account statement at time of death, policy statements, her property title deeds -  or are the account details and addresses listed on the inventory sufficient ?  

Statements of the deceased and title deeds should not be submitted. There is guidance on submitting applications on the SCTS website
https://scotcourts.gov.uk/taking-action/dealing-with-a-deceased's-estate-in-scotland/large-estates

NeedHelp81

buddy9 said:

NeedHelp81 said:

HI everyone, currently on my second attempt to apply for confirmation (Scotland) after the death of my mum end of last year.  I've found so much help and advice on here so I think this time it is completed correctly (fingers crossed)   My question is the Clerk told me when I resubmit I only need to send the original will which I have docqueted and signed and two forms of ID - drivers licence and utility bill (the latter all all in husbands name sigh) but I could send a letter from DVLA would that suffice.  Also - should I include as part of the documents, death certificate bank account statement at time of death, policy statements, her property title deeds -  or are the account details and addresses listed on the inventory sufficient ?  

Statements of the deceased and title deeds should not be submitted. There is guidance on submitting applications on the SCTS website
https://scotcourts.gov.uk/taking-action/dealing-with-a-deceased's-estate-in-scotland/large-estates

Buddy9 thank you so much for taking time to reply, that's got all the info I need

Kev_W76

Hi all, 
Im just starting to work through the form to help a friend whose wife passed away and where a Grant of Confirmation is needed to pay a single life insurance policy.

There is a Will which he is sole executor so thats easy enough but I dont know what to do re the property it was in joint name and there was a mortgage and so it now reverts to him but how do you cover that in the form do you need to declare the property address and a valuation of its worth ?? is that half of the property value or is it the whole value minus the mortgage.

I've done one of these before but it was without a property and so Im not sure how to cover that off.

I also assume the life insurance policy will need to be noted also.

buddy9

Kev_W76 said:

Hi all, 
Im just starting to work through the form to help a friend whose wife passed away and where a Grant of Confirmation is needed to pay a single life insurance policy.

There is a Will which he is sole executor so thats easy enough but I dont know what to do re the property it was in joint name and there was a mortgage and so it now reverts to him but how do you cover that in the form do you need to declare the property address and a valuation of its worth ?? is that half of the property value or is it the whole value minus the mortgage.

I've done one of these before but it was without a property and so Im not sure how to cover that off.

I also assume the life insurance policy will need to be noted also.

You say the house now reverts to friend. Is this through the will or by a special destination (survivorship clause) in the title?

Who took out the life policy and who is it payable to?

Kev_W76

buddy9 said:

Kev_W76 said:

Hi all, 
Im just starting to work through the form to help a friend whose wife passed away and where a Grant of Confirmation is needed to pay a single life insurance policy.

There is a Will which he is sole executor so thats easy enough but I dont know what to do re the property it was in joint name and there was a mortgage and so it now reverts to him but how do you cover that in the form do you need to declare the property address and a valuation of its worth ?? is that half of the property value or is it the whole value minus the mortgage.

I've done one of these before but it was without a property and so Im not sure how to cover that off.

I also assume the life insurance policy will need to be noted also.

You say the house now reverts to friend. Is this through the will or by a special destination (survivorship clause) in the title?

Who took out the life policy and who is it payable to?

Sorry maybe confusing things im supporting a friend(husband) in completing the form its his wife who has died

The Will leaves everything to her husband and he is  joint named on the house and mortgage.

The wife took out the life insurance policy and it will be paid to the Executor which will be her husband (this is the only reason the Grant of Confirmation is needed).

Thanks for your help