Grant of Confirmation

Haventaclue2

Thanks to this forum and the help of Buddy9 I’m just about ready to submit the C1 this week. I’ve completed the Inventory but I’d just like to ask if the format looks ok?  I’ve attached a copy below and would appreciate any advice. 

buddy9

My only minor comment would be to move the item numbering so that 1 and 2 sit against the estate item, rather than against the heading.

Haventaclue2

buddy9 said:

My only minor comment would be to move the item numbering so that 1 and 2 sit against the estate item, rather than against the heading.

Thanks Buddy9, I’ll amend this before I submit.

I’ve came across another possible issue, in that the original will has staple marks on the left and right corners. The wills were kept by the solicitor until after date of death so I’m not sure if the court will require confirmation that this was the case from the original solicitor?

Would you happen to have any advice on this or would I be better starting a new thread?

buddy9

I’ve came across another possible issue, in that the original will has staple marks on the left and right corners. The wills were kept by the solicitor until after date of death so I’m not sure if the court will require confirmation that this was the case from the original solicitor?

Would you happen to have any advice on this or would I be better starting a new thread?

If the will is the original and is complete I would just submit it.

crashedandcool

crashedandcool said:

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.

Well I got a certified copy as they put it, which looks identical. No additional date of issue or anything. Signature from the clerk on the seal page is different. Oh they included the will in it, but only the first and last page none of the middle ones. Seems kind of incorrect that. When I asked the court they said that is all they were given. Never simple eh.

AMIgirl

Lots of great information on this site that has helped me get to this point. But completing this form certainly hasn't been easy. Have a couple of queries that help with would enable me to complete and submit. Completing in respect of our mums estate, large but was in care so only bank account balances, some jewellery, tax rebate and couple of months pension money due from her 2 pension providers.
1. instructions say to separate the interest and capital of bank accounts but all examples I have seen state balance at date of death including interest?
2. For the Pension Providers M&S and Prudential Assurance Company is it acceptable for these to be detailed under moveable property in scotland given due to her and she resided there (would have been in her account had they not suspended payment erroneously in November) or must it be England (she has no other estate in england). Do their address have to be detailed or name suffice. Similarly she was due a tax rebate so is HMRC considered Scotland estate.
3. Docquetting the will. Seems weird writing on an original will so don't want to get it wrong but can the statement with location, date and signed consistent with C1 form date etc simply be written at the top of the first page of the will above the commencing line of the will 'I (deceased name) residing.... or elsewhere
4. Our mum was widowed and estate is below IHT. Is it the case that where there is no gifts been made or transfer of IHT and basically just inventory list minus debts (care home fees and repayment due to DWP) that basically the Net value of the estate same as net value of estate for IHT. 
Sorry for so many questions, I am nearly there....

AMIgirl

Final question. Could anyone direct me to where the instruction is on what documents/ID you actually require to submit and whether to take in person or mail . Thank you 

buddy9

AMIgirl said:

Lots of great information on this site that has helped me get to this point. But completing this form certainly hasn't been easy. Have a couple of queries that help with would enable me to complete and submit. Completing in respect of our mums estate, large but was in care so only bank account balances, some jewellery, tax rebate and couple of months pension money due from her 2 pension providers.
1. instructions say to separate the interest and capital of bank accounts but all examples I have seen state balance at date of death including interest?
A single total for date of death balance including interest is quite common now.
2. For the Pension Providers M&S and Prudential Assurance Company is it acceptable for these to be detailed under moveable property in scotland given due to her and she resided there (would have been in her account had they not suspended payment erroneously in November) or must it be England (she has no other estate in england). Do their address have to be detailed or name suffice. Similarly she was due a tax rebate so is HMRC considered Scotland estate.
Presumably you do not need to produce a confirmation certificate to the pension providers and you would then only need to include brief details such as  

Prudential Assurance Company pension underpayment due £xxx

An entry for each and list under moveable estate in Scotland.

An HMRC tax rebate can be listed as moveable in Scotland
3. Docquetting the will. Seems weird writing on an original will so don't want to get it wrong but can the statement with location, date and signed consistent with C1 form date etc simply be written at the top of the first page of the will above the commencing line of the will 'I (deceased name) residing.... or elsewhere
That would be common practice.
4. Our mum was widowed and estate is below IHT. Is it the case that where there is no gifts been made or transfer of IHT and basically just inventory list minus debts (care home fees and repayment due to DWP) that basically the Net value of the estate same as net value of estate for IHT. 
That would normally be the case. And with no surviving spouse and if no charity transfer then NQV is same as net estate for IHT
Sorry for so many questions, I am nearly there....

My thoughts above in bold.

buddy9

AMIgirl said:

Final question. Could anyone direct me to where the instruction is on what documents/ID you actually require to submit and whether to take in person or mail . Thank you 

Listed on SCTS website https://scotcourts.gov.uk/taking-action/dealing-with-a-deceased's-estate-in-scotland/large-estates

Applicants who attend in person after phoning commissary, often report a positive experience. But I guess it depends on how easy it is for you to get there, and which court!!

AMIgirl

Thanks you buddy9. Very much appreciated. From scanning these pages you have provided help to many, I certainly drafted my C1 largely from the comments and guidance you had provided to others. Fingers crossed it gets accepted and we get the relevant certificates. Actually on that point do you know what payment is sent with form. I think teh fee due is about £282 and the states £8 for each certificate. Do you just forward £8 x the certificates you need eg for 3 bank accounts. I've checked citizens advice, courts guidance and called a number of times to various sheriff courts to ask. No info detailed and repeatedly calls are ended  whilst waiting. Yet to get to speak to someone. So thanks for your responses