Grant of Confirmation

ETSL21

buddy9 said:

ETSL21 said:

I am looking for some advice about the importance of  'Balance as at Date of Death including interest'  when dealing with the banks as Executor.  I had received date of death figures from the bank before I found out that my Dad had an online account with Marcus and this was a 'linked' account and they said they could transfer the balance with them back into the linked bank account.  I thought this sounded more straightforward and one less certificate required.  But now I have a Date of Death balance including interest that does not match the balance in the account.  Now I am not sure how I show/record the balance on the C1.

Any help with this much appreciated.  TIA

I think for the purpose of the inventory that you need to enter all accounts held at date of death and the balance at date of death, even though some balances have now changed.

If an account balance is substantially more than the date of death balance, I wonder if perhaps details could be included similar to the example below. Be aware that these are just my thoughts rather than established practice.

Thank you, Buddy9.  I'll try this - appreciate and like your suggestion.  When I finally get the C1 submitted I'll let you know how I get on.

Kirsty73

Following successfully getting Confirmation when my Dad passed away with the help of this forum, I now have to do the same for my Mum, but hopefully should be easier this time round! I have a query about specific wording required for Declaration question 2. That I am.  Previously my Dad's Will had up-to-date addresses for me and my brother. This time my Mums Will has out of date addresses.

This below is the wording I used on Dad's:

Ms Kirsty Surname, daughter of the said deceased, appointed as an Executor Nominate in the Will of the said deceased, dated xx/xx/20xx along with Mr xxx Surname, son of the said deceased, appointed as an Executor Nominate in the Will of the said deceased.In the said Will, Ms Kirsty Surname is designed as residing at (current address) and Mr xxx Surname is designed as residing at (current address). The said Will is produced herewith, signed and docquetted as relative hereto.

How should this now be worded to include the previous addresses written in my Mother's Will? Is the below acceptable?

Ms Kirsty Surname, daughter of the said deceased, currently residing at (current address) appointed as an Executor Nominate in the Will of the said deceased, dated xx/xx/20xx along with Mr xxx Surname, son of the said deceased, currently residing at (current address) appointed as an Executor Nominate in the Will of the said deceased.In the said Will, Ms Kirsty Surname is designed as residing at (address stated in Will) and Mr xxx Surname is designed as residing at (address stated in Will). The said Will is produced herewith, signed and docquetted as relative hereto.
Thanks for any help!

buddy9

Kirsty73 said:

Following successfully getting Confirmation when my Dad passed away with the help of this forum, I now have to do the same for my Mum, but hopefully should be easier this time round! I have a query about specific wording required for Declaration question 2. That I am.  Previously my Dad's Will had up-to-date addresses for me and my brother. This time my Mums Will has out of date addresses.

This below is the wording I used on Dad's:

Ms Kirsty Surname, daughter of the said deceased, appointed as an Executor Nominate in the Will of the said deceased, dated xx/xx/20xx along with Mr xxx Surname, son of the said deceased, appointed as an Executor Nominate in the Will of the said deceased.

In the said Will, Ms Kirsty Surname is designed as residing at (current address) and Mr xxx Surname is designed as residing at (current address). The said Will is produced herewith, signed and docquetted as relative hereto.

How should this now be worded to include the previous addresses written in my Mother's Will? Is the below acceptable?

Ms Kirsty Surname, daughter of the said deceased, currently residing at (current address) appointed as an Executor Nominate in the Will of the said deceased, dated xx/xx/20xx along with Mr xxx Surname, son of the said deceased, currently residing at (current address) appointed as an Executor Nominate in the Will of the said deceased.

In the said Will, Ms Kirsty Surname is designed as residing at (address stated in Will) and Mr xxx Surname is designed as residing at (address stated in Will). The said Will is produced herewith, signed and docquetted as relative hereto.

Thanks for any help!

I suspect that your para 2 declaration would be ok. But here is a suggestion closer to used styles. No need for declarant executor’s name and address, it is already on the page. No need to use Mr. Ms. etc.

That I am

along with (brother’s full name and current address) the executor nominate of the deceased conform to her will dated (insert date) which is produced herewith, signed and docquetted as relative hereto and that I am the daughter of the deceased and the said (brother’s full name) is the son of the deceased. In said will I am designed as residing at (will address), a former address and the said (brother’s full name) is designed as residing at (will address) a former address.

tilda7

i just wanted to say thank you to buddy9 I took the confirmation application to court , 3 days later received a phone call requesting payment and 4 days later a phone call advising confirmation granted . Thank you for sharing your knowledge. I would not have managed without this forum and I will also try to help anyone else in this situation with what I have learned.         

Crossbill

I submitted the confirmation application for my late partner 4 weeks ago after the wonderful help I got from reading lots of this forum. It had taken me months to work it all out (for a large estate) but I was determined to do it myself. It had to go to the very pernickety Edinburgh Court so I was braced for a rejection but was delighted to get a call yesterday to say it had been accepted. Thank you so much to the people who shared their knowledge on here. I will check back in now and then to see if anything I have learnt can help anyone else. 

crashedandcool

buddy9 said:

A certified extract confirmation contains an extracting clause and certificate of authentication. It is used to uplift foreign estate.

So if I want an idenitical confirmation document i can use for legal purposes ask for a copy/duplicate and ignore the certified part? I'm getting conflicting advice from the court. I'm not been impressed with them tbh.

"A Duplicate of the confirmationts i.e a certified copy is the same as what you would have received originally. A certified extract acts the same as the original document"
"A copy would just be a copy. It acts as a document giving information and cannot be used to release any funds from the Bank etc."

The annoying thing is I asked a solicitor. "You just need to ask for a further copy of the full Confirmation"

buddy9

crashedandcool said:

So if I want an idenitical confirmation document i can use for legal purposes ask for a copy/duplicate and ignore the certified part? I'm getting conflicting advice from the court. I'm not been impressed with them tbh.

"A Duplicate of the confirmationts i.e a certified copy is the same as what you would have received originally. A certified extract acts the same as the original document"
"A copy would just be a copy. It acts as a document giving information and cannot be used to release any funds from the Bank etc."

The annoying thing is I asked a solicitor. "You just need to ask for a further copy of the full Confirmation"

I suspect that you want a duplicate (rather than a copy), a duplicate should only be issued to you if you are the executor.

crashedandcool

buddy9 said:

crashedandcool said:

So if I want an idenitical confirmation document i can use for legal purposes ask for a copy/duplicate and ignore the certified part? I'm getting conflicting advice from the court. I'm not been impressed with them tbh.

"A Duplicate of the confirmationts i.e a certified copy is the same as what you would have received originally. A certified extract acts the same as the original document"
"A copy would just be a copy. It acts as a document giving information and cannot be used to release any funds from the Bank etc."

The annoying thing is I asked a solicitor. "You just need to ask for a further copy of the full Confirmation"

I suspect that you want a duplicate (rather than a copy), a duplicate should only be issued to you if you are the executor.

I am in this instance, but from reading the sheriff court fees list copy and duplicate are listed against the same price i.e. seem interchangeable. So for choice it's copy/duplicate or certified copy. I never thought it would be difficult to pin it down.

Kirsty73

buddy9 said:

Kirsty73 said:

Following successfully getting Confirmation when my Dad passed away with the help of this forum, I now have to do the same for my Mum, but hopefully should be easier this time round! I have a query about specific wording required for Declaration question 2. That I am.  Previously my Dad's Will had up-to-date addresses for me and my brother. This time my Mums Will has out of date addresses.

This below is the wording I used on Dad's:

Ms Kirsty Surname, daughter of the said deceased, appointed as an Executor Nominate in the Will of the said deceased, dated xx/xx/20xx along with Mr xxx Surname, son of the said deceased, appointed as an Executor Nominate in the Will of the said deceased.

In the said Will, Ms Kirsty Surname is designed as residing at (current address) and Mr xxx Surname is designed as residing at (current address). The said Will is produced herewith, signed and docquetted as relative hereto.

How should this now be worded to include the previous addresses written in my Mother's Will? Is the below acceptable?

Ms Kirsty Surname, daughter of the said deceased, currently residing at (current address) appointed as an Executor Nominate in the Will of the said deceased, dated xx/xx/20xx along with Mr xxx Surname, son of the said deceased, currently residing at (current address) appointed as an Executor Nominate in the Will of the said deceased.

In the said Will, Ms Kirsty Surname is designed as residing at (address stated in Will) and Mr xxx Surname is designed as residing at (address stated in Will). The said Will is produced herewith, signed and docquetted as relative hereto.

Thanks for any help!

I suspect that your para 2 declaration would be ok. But here is a suggestion closer to used styles. No need for declarant executor’s name and address, it is already on the page. No need to use Mr. Ms. etc.

That I am

along with (brother’s full name and current address) the executor nominate of the deceased conform to her will dated (insert date) which is produced herewith, signed and docquetted as relative hereto and that I am the daughter of the deceased and the said (brother’s full name) is the son of the deceased. In said will I am designed as residing at (will address), a former address and the said (brother’s full name) is designed as residing at (will address) a former address.

Thanks Buddy that's a great help!

ScotGlasgow1

Could anyone who has been successful in getting a C1 through a Sheriff's Dept, send me a copy of your anonymised Form? Thnanks