Grant of Confirmation

Haggisnneeps1

AMIgirl said:

hi with thanks to buddy9 i managed to complete the application and took it to glasgow sheriff court about 2 weeks ago. Briefly check through said looks okay but caveated
that with review by depite , confirmed my Id. Said would  be reviewed and contacted for fee payment in due course unless any amendments required. Nothing back so far so hoping it’s been accepted
okay but I am maybe being too optimistic and it’s maybe not been reviewed in detail yet. anyone know the process, how long it take to review and at what stage they contact you for payment. I do understand it can take many weeks but just
wonderd if completeness checks are done first and returned fairly quickly for any corrections
requird so might have heard by now of errors
Thanks 

Hi AMIgirl, I went through the same process and submitted the C1 on the 24th of May, unfortunately I received it back in the post with a covering letter with notes to refer to the C3 guidance notes and the instructions on page 3 of the confirmation form and how to complete the inventory page in full to include headings and summary for confirmation, even if the amount of the estate is NIL. I hope that you are more successful but this gives you an idea of the time scale I experienced. 

Planeahead

I'm currently applying for grant of confirmation after being granted executrix-dative, can anyone help me with what I need to put in box 2 of page 2 on the form?

Due to rules of sucession at time of his passing, his estate will be split with other family members, would this be enough info to put in box 2?

I am the executrix-dative qua wife of the said deceased, conform to decree granted by the sheriff of [insert sheriffdom] at [insert place] on the [insert date]

buddy9

Planeahead said:

I'm currently applying for grant of confirmation after being granted executrix-dative, can anyone help me with what I need to put in box 2 of page 2 on the form?

Due to rules of sucession at time of his passing, his estate will be split with other family members, would this be enough info to put in box 2?

I am the executrix-dative qua wife of the said deceased, conform to decree granted by the sheriff of [insert sheriffdom] at [insert place] on the [insert date]

What you have suggested is correct for what you need to insert in para 2, providing that you have used the wording exactly as shown in the decree.

If the estate is being shared with other family members, then this must mean that prior rights did not exhaust the estate. Is this correct? In which case you will need a Bond of Caution to accompany the C1 application.

Planeahead

buddy9 said:

Planeahead said:

I'm currently applying for grant of confirmation after being granted executrix-dative, can anyone help me with what I need to put in box 2 of page 2 on the form?

Due to rules of sucession at time of his passing, his estate will be split with other family members, would this be enough info to put in box 2?

I am the executrix-dative qua wife of the said deceased, conform to decree granted by the sheriff of [insert sheriffdom] at [insert place] on the [insert date]

What you have suggested is correct for what you need to insert in para 2, providing that you have used the wording exactly as shown in the decree.

If the estate is being shared with other family members, then this must mean that prior rights did not exhaust the estate. Is this correct? In which case you will need a Bond of Caution to accompany the C1 application.

Hi Buddy

Thanks for that, yeah prior rights did not exhaust the estate. Do you know if there is anyway of getting Bond of Caution without going through a solicitor?

buddy9

I think that Lawsure Insurance is the only provider which does not insist on a solicitor, but possibly limited to estates under £250,000.

Planeahead

buddy9 said:

I think that Lawsure Insurance is the only provider which does not insist on a solicitor, but possibly limited to estates under £250,000.

I'll give them a call today. 

I believe that I've managed to complete all the C1 form by myself but is the bond of caution something that I should be able to manage to myself or is it going to be very complex? I have no idea how bond of cautions work, would I need to put anything on the C1 form in relation to bond of caution?

buddy9

There is brief discussion on another thread.
https://forums.moneysavingexpert.com/discussion/6521800/obtaining-confirmation-of-death-in-scotland-without-a-will

You do not need to mention the Bond on the C1

There is an invitation to ask for information on Bonds of Caution on the SCTS website
https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceased's-estate-in-scotland

Bluebird67

Hi. I am trying to complete the C1 Conformation form for my late father's estate. I've managed to fill in most of the form after reading through the extremely helpful information on this forum but would be grateful if someone could help with a couple of points I'm stuck on (this is my first time posting on any form so apologies if I've missed the answer elsewhere).

My father died last year having left a Will in which he left everything to my mum, naming both my mum and I as executors. My parents and I jointly owned our home which we believed had a survivorship clause as implied by the solicitor who delt with the purchase. However, I have only recently learned that that isn't the case, hence the need for Confirmation. I have already gathered in the monies from the bank accounts and insurance policies, as the companies involved did not require Confirmation.

In filling out the inventory, I'm unsure whether his bank accounts and insurance policies come under moveable estate in Scotland or personal estate in England and Wales. I think he originally opened the joint account that he held with my mum in a local branch of Alliance and Leicester but at some point, after the bank changed to Santander, I think my parents changed it to a different account which was done through Santander's online banking. He also held an ISA which was also opened online with Santander. Does this mean that the funds would need to be entered under Personal Estate in England? The same question would apply to the insurance policies which were with Aviva.

The other question relates to a joint insurance policy he held with my mum. The letter we received from Aviva said this was being paid to my mum as the surviving policyholder. This differed to the letter received relating to the other policy he held with them (a single policy he took out on his own life) which stated it was being paid to my mum as executor to distribute in accordance with the estate. Although the information on page 8 of HMRC's notes seems to say half the settlement from the joint policy does form part of his estate, the letter from the insurer has thrown me. The estate is nowhere near the IHT threshold but there is a legitim fund which would be affected. I'd be most grateful for any advice.

buddy9

Bluebird67

I would enter the bank accounts and policies as personal estate in England and Wales

Insurance law can be complex. The information in the HMRC C3 guidance seems a bit simplified. And it is not always obvious whether C3 guidance relates to the estate for confirmation or relates to the estate for IHT purposes. 

Here is an extract of what Currie on Confirmation of Executors says:

If sum assured is payable on the first death to the survivor, the policy need not be included in the inventory……………………………….premiums paid by the deceased are treated as ……..transfers of value for IHT purposes.

I cannot imagine that such a joint policy would be available for legitim.

Bluebird67

Thanks so much @buddy9, that’s really helpful.
Listing the bank accounts and insurance policies as personal estate in England and Wales raises another question, if I may? HMRC’s notes on page 13 states:

‘If you’ve already obtained probate to the deceased’s estate elsewhere and are simply requiring Confirmation to the estate in Scotland, you only need to list that Scottish estate and the summary should reflect only that estate.’

I didn’t obtain probate as the bank and insurer didn’t require it to transfer the money but I’m now wondering if I have to list the accounts in the inventory at all as this money has already been paid out. That being the case, would I enter ‘nil’ for Estate in England and Wales but add the amount on to the figure in box 23 for IHT? If it’s not required for Confirmation this would bring the estate below the level for which a fee for Confirmation has to be paid.