Grant of Confirmation

buddy9

vmatki said:

Car
Forgot to add: am I correct in my understanding that a car is a chattel, and as such should be included under "Moveable Estate"? And since it was registered solely in the name of the deceased, it should be listed at its entire value -- rather than at 50% like the other moveable assets owned in common by the deceased and the surviving spouse? Likewise, a car registered solely in the name of the surviving spouse can be omitted from C1 altogether? Thank in advance.

A motor car is a moveable item of estate (chattel is an English legal term). Your assertion is correct. Any cherished number plate should be valued separately.

vmatki

buddy9 said:

vmatki said:

Longtime lurker first time poster! 👀 Thank you to all of the above for the numerous clarifications and moral support. I'm assisting my dad with the completion of C1 for my mum's estate and really hoping to pass first time (Aberdeen)! 😅

Shares: number x price (p) = total in £
Share prices are typically given in pence. Meanwhile the running total header requires a £ value. Should I convert the "price of shares" to £ for consistency, or include the typical/required denominations in both boxes for clarity? I believe the latter is better, even though it results in a redundant £ sign in the right column (below). Is this the kind of formatting quirk that might merit a rejection of the form?

I cannot see any issues with your share values shown.

You say you are intending to show an entry for heritage with a survivorship clause and show a nil value. But your example does not have survivorship and does not have a nil value.?

Thanks re: shares!

Re: survivorship clause. I figured if I included the relevant location of the record in the Sasines Register, and they needed proof of the survivorship clause, they would look it up themselves? Or should I include something of this wording below in my description itself?



This is how I plan to lay it out, without an item number:

buddy9

Your house example entry which included ‘pro indiviso share’ and a value confused me. I now see what you propose.

If there is a survivorship clause do not list the house in the inventory at all. But include the house share value in the IHT calculation.

vmatki

Thanks, @buddy9!
I was torn between doing what you propose, and including it with a nil confirmation value.
Grateful for you!

vmatki

Is an appointment required for the submission of the Confirmation form, if delivered in person?

The court (Aberdeen) is closed for staff training and I can't find the answer on google 🤪

Hattie627

vmatki said:

Is an appointment required for the submission of the Confirmation form, if delivered in person?

The court (Aberdeen) is closed for staff training and I can't find the answer on google 🤪

vmatki said:

Is an appointment required for the submission of the Confirmation form, if delivered in person?

The court (Aberdeen) is closed for staff training and I can't find the answer on google 🤪

Don't think so. I delivered mine in person at Dumbarton Sheriff Court in March 2023 without an appointment and it was accepted. However there may be local arrangements. Best to call the court in advance to check (ask for "confirmation clerk" ). REMEMBER, you must take personal ID for the executor signing the declaration (this only applies to personal applications, not ones done by a solicitor, and not for all executors, just the signing one). You also have to bring an official extract certificate of death (not a photocopy, the original signed by Registrar extract, you probably got several extracts when you registered the death, bring one to "exhibit", you get it back). Check info on Scottish Courts website as to what they accept as "identification". Remember to take along the original Will (docqueted to refer to the declaration in the application for Confirmation, if you don't know how to do this, reply to this post and I can give you style). 

vmatki

Thanks @Hattie627! Yep I have the docquet wording, thank you.

Great reminders on the other stuff.

I will try to call the court again before sending my dad in!

Hattie627

vmatki said:

Thanks @Hattie627! Yep I have the docquet wording, thank you.

Great reminders on the other stuff.

I will try to call the court again before sending my dad in!

Sorry, I haven't been following this thread, just chanced upon your post,

Aberdeen is a city court, so likely to be busier at what they call the "public counters" than smaller town courts. Would be a shame to make the journey just to be sent packing cos you didn't have an appointment when you needed one,

Scottish Court staff can be variable. some are good, some think their job is serving the legal profession rather than the public in general, so keep your cool! You may find your confirmation application is rejected, but they won't tell you why under the guise that they are "not allowed to give you legal advice". If that happens, ask for the email address of the Area Sheriff Clerk for the Sheriffdom of Grampian, Highlands and Islands and send a polite but firm email asking for an explanation why your application was rejected so that you can correct the error. I did this, and got a reply from the top within 6 hours. Just go in with the expectation of being frustrated in your endeavours to get confirmation and you wont be disappointed! you will get there, and just think what you are saving in legal fees,

vmatki

Hattie627 said:

vmatki said:

Thanks @Hattie627! Yep I have the docquet wording, thank you.

Great reminders on the other stuff.

I will try to call the court again before sending my dad in!

Sorry, I haven't been following this thread, just chanced upon your post,

Aberdeen is a city court, so likely to be busier at what they call the "public counters" than smaller town courts. Would be a shame to make the journey just to be sent packing cos you didn't have an appointment when you needed one,

Scottish Court staff can be variable. some are good, some think their job is serving the legal profession rather than the public in general, so keep your cool! You may find your confirmation application is rejected, but they won't tell you why under the guise that they are "not allowed to give you legal advice". If that happens, ask for the email address of the Area Sheriff Clerk for the Sheriffdom of Grampian, Highlands and Islands and send a polite but firm email asking for an explanation why your application was rejected so that you can correct the error. I did this, and got a reply from the top within 6 hours. Just go in with the expectation of being frustrated in your endeavours to get confirmation and you wont be disappointed! you will get there, and just think what you are saving in legal fees,

THANK YOU! 🥰

I had zero interest in paying ££££ to a solicitor for doing what is a basic admin job. It's job creation. (Not to mention every time I have employed a legal professional I have had to spend a lot of money, and a lot of time correcting their errors!) 😅 

My dad is the executor. This info is helpful, because he will need a pep talk!

How many copies of the certificate should we order? I was thinking one but I read elsewhere on this thread of ppl ordering multiple. Does each financial institution require the submission of an original?

Hattie627

vmatki said:

Hattie627 said:

vmatki said:

Thanks @Hattie627! Yep I have the docquet wording, thank you.

Great reminders on the other stuff.

I will try to call the court again before sending my dad in!

Sorry, I haven't been following this thread, just chanced upon your post,

Aberdeen is a city court, so likely to be busier at what they call the "public counters" than smaller town courts. Would be a shame to make the journey just to be sent packing cos you didn't have an appointment when you needed one,

Scottish Court staff can be variable. some are good, some think their job is serving the legal profession rather than the public in general, so keep your cool! You may find your confirmation application is rejected, but they won't tell you why under the guise that they are "not allowed to give you legal advice". If that happens, ask for the email address of the Area Sheriff Clerk for the Sheriffdom of Grampian, Highlands and Islands and send a polite but firm email asking for an explanation why your application was rejected so that you can correct the error. I did this, and got a reply from the top within 6 hours. Just go in with the expectation of being frustrated in your endeavours to get confirmation and you wont be disappointed! you will get there, and just think what you are saving in legal fees,

THANK YOU! 🥰

I had zero interest in paying ££££ to a solicitor for doing what is a basic admin job. It's job creation. (Not to mention every time I have employed a legal professional I have had to spend a lot of money, and a lot of time correcting their errors!) 😅 

My dad is the executor. This info is helpful, because he will need a pep talk!

How many copies of the certificate should we order? I was thinking one but I read elsewhere on this thread of ppl ordering multiple. Does each financial institution require the submission of an original?

You get the actual Confirmation document "free", meaning it's included in your confirmation fee. You only get one, no option to ask for more. You can (in addition) order an optional certificate of confirmation for each numbered item listed in the inventory. They cost roughly £8 each. You don't need to order any certificates, or you specify which item(s) you want a certificate for.

Think carefully whether you need a certificate of confirmation for each and every item.  For example, you don't need a certificate for "cash in house" or "furniture and personal effects". For each individual shareholding (eg 100 shares in Marks and Spence) I would normally get a certificate (needed to sell the shares or to transfer to a beneficiary in specie). For platform accounts (eg the likes of Brewin Dolphin ISA and Brewin Dolphin GIA), these are usually listed as one item, so get a certificate for that. If listed as two items, get a certificate for each. Anything to do with investments (as opposed to cash accounts), always best to get a certificate. For banks etc (cash savings) and insurance companies (life policies), check their letter (when they gave you a probate value as at date of death) as to whether they actually need to see the "grant of probate" (ie confirmation or certificate of confirmation, they all write their letters in English terminology) to pay out, some just need an extract death certificate and a form signed by the executors, a lot depends on the value of the individual item of estate and the rules of the particular institution.  If they don't need to see probate, no need to get a certificate. For houses, land etc which you have confirmed to, always get a certificate (even if not being sold; it will make it easier to transfer the land title to the family member who is getting the house under the Will or as part of their entitlement to the estate residue). Remember, it costs MORE to get a certificate of confirmation later on (not much more, just a bit, but a nuisance to have to get later). Don't worry if you get too many, it's not a lot of money wasted. If you don't get enough, no harm done, you can order them later (but costs a wee bit more). Best to do a covering letter to go with your application when you attend at the court, setting out EXACTLY what items listed on the inventory you want certificates of confirmation for. The total fee will be £X as "dues of confirmation" (dues of confirmation depend on the total value being confirmed to) PLUS 10 (or whatever number you ask for) certificates of confirmation at £8 each (it was £8 when I did it last year, probably gone up). You can get up to date confirmation fee info on Scottish Courts website.