Grant of Confirmation

Bigfurrydoggie

buddy9 said:

Bigfurrydoggie said:

Does anyone have any experience of wording, for either cover letter or the declaration page, for the situation where the deceased lived most of their life in Scotland, had a Scottish will, but moved for the last couple of years to England?  The will contains the statement "I declare that my domicile is Scottish".  Any view or guidance would be appreciated.  

Declaration of intent of domicile in a will might give a strong indication but is not definitive. 

If Confirmation is to be applied for in respect of a person with ‘no fixed or known domicile except that they were domiciled in Scotland’, application is made to the Commissary Office in Edinburgh. 

In the C1 address section show firstly the deceased’s most recent address outside Scotland, and secondly a previous Scottish address along with the words ‘a native of Scotland’.

On page 2 domicile - use the words shown in form C3.

If the clerk is not satisfied regarding domicile, you could be asked to submit a special warrant.

EDIT. para 2 of page 2 would presumably also contain an update on will address difference.

Hi Buddy9,

Thank you for your help here.  

So would the address box then look like this (apologies for the heavy redaction):


If so, which postcode goes in the postcode box if any?

For Box 2 on Page 2 I have:

[My name] of [my address], the executor nominate of the said deceased, conform to her will dated [date of will] which is herewith exhibited, docquetted and signed as relative hereto and that myself, the said [my name] is the only child of the deceased.  In the said will the said deceased is designed as residing at [last address of deceased in Scotland] a former address and I am designed as residing at [my previous address as shown in the will] a former address.  

Does this look okay for the Edinburgh Commisary?

buddy9

My thoughts.

For para 2

That I am

the son and executor nominate of the said deceased, conform to her will dated [date of will] which is herewith exhibited, docquetted and signed as relative hereto. In said will the said deceased is designed as residing at [address as in will] a former address and I am designed as residing at [address as shown in the will] a former address.

Address {made up)

Confusedexecutrix

Hi all,
this thread has been invaluable in helping get me to where I have so far but I have a few  questions that Im struggling to resolve, think Ive gotten a bit swamped with trying to go back and forth. 

1. Another executor has predeceased the deceased in question, do I need to include date of death in declaration and death certificate for them with application. i am now sole executor 
2. I have married since will was written, do I need to include marriage certificate with application, I have stated  reason for name change in declaration and can provide date of marriage in box if necessary
3. Declaration is too lengthy for box on form, how do I head up word doc to accompany form - Ive written “ C1 Declaration in respect of Joe Bloggs”  and copied That I am: then content below.

 Ill add standard narrative, sign and date any additional forms/certs, all assistance is gratefully accepted, its the most archaic process when you really need things to be straightforward.

buddy9

Confusedexecutrix said:

Hi all,
this thread has been invaluable in helping get me to where I have so far but I have a few  questions that Im struggling to resolve, think Ive gotten a bit swamped with trying to go back and forth. 

1. Another executor has predeceased the deceased in question, do I need to include date of death in declaration and death certificate for them with application. i am now sole executor 
2. I have married since will was written, do I need to include marriage certificate with application, I have stated  reason for name change in declaration and can provide date of marriage in box if necessary
3. Declaration is too lengthy for box on form, how do I head up word doc to accompany form - Ive written “ C1 Declaration in respect of Joe Bloggs”  and copied That I am: then content below.

 Ill add standard narrative, sign and date any additional forms/certs, all assistance is gratefully accepted, its the most archaic process when you really need things to be straightforward.

Item 1. 

Do not enter deceased executor's date of death, do not include their death certificate. And do not enter their name in box 10.

If the deceased executor was a co executor with yourself, then para 2  should include

In said will, [name] is also nominated as executor but the said [name] predeceased the said deceased. 

Item 2. Do not include the marriage certificate, do not enter the date of marriage.

In the box at the top of page 2, include your maiden name. (nee). In para 2, include 

In said will I am named [will name] a former name.

Item 3.

The para 2 entry can occasionally exceed the space available. But I suspect in your case that will not be the case. I suspect you have entered too much information. You could post a redacted copy for comment.

Confusedexecutrix

Thanks Buddy9, I had very much as you say in my original draft based on previous posts but started to second guess it and believe I needed more evidence despite not seeing so in the guidance notes. Ill go with my original thoughts.

kipperman

Hello
I am just starting to fill in C1 and would appreciate some help. My head is buzzing from reading through this thread...

When our mother went into care ( This is Scotland), her house was sold and us three siblings removed items that either had sentimental value or monetary value, and everything else was removed by a house clearance firm.  This was about 18 months prior to her death. I'm assuming that I list these items as forming part of her estate.

1) Is this correct, or could they be regarded as gifts and therefore are only relevant from an IHT perspective.
2) Assuming I need to list them on the C1 inventory what level of detail is required? - there are some items of silver that are worth >£500, but many have a largely nominal value. Total open market value we think is about £4000.

buddy9

kipperman said:

Hello
I am just starting to fill in C1 and would appreciate some help. My head is buzzing from reading through this thread...

When our mother went into care ( This is Scotland), her house was sold and us three siblings removed items that either had sentimental value or monetary value, and everything else was removed by a house clearance firm.  This was about 18 months prior to her death. I'm assuming that I list these items as forming part of her estate.

1) Is this correct, or could they be regarded as gifts and therefore are only relevant from an IHT perspective.
2) Assuming I need to list them on the C1 inventory what level of detail is required? - there are some items of silver that are worth >£500, but many have a largely nominal value. Total open market value we think is about £4000.

I think that either option could be argued for.

If you decide to list in the inventory, an entry could simply be ‘personal possessions of the deceased, valued by the executor’

In your position I would probably consider the items not part of the estate - providing that there are no problem siblings and that there are no other beneficiaries.

Your other post suggests that IHT is payable. In form IHT 400 there is a question on personal possessions and which asks for a reason if there are no personal possessions of any value. The question is probably easily answered for a care home resident.

kipperman

Thanks @buddy9

Confusedexecutrix

Hi again, application rejected as will not signed on all pages (written in 1991) , I need to make an application under Requirements of Writing Act 1995, I have seen how to do this at some point but struggling to find again, did anyone have to do this and can share guidance or links? 

However C1 was correct so thanks to everyone who has shared their experiences especially Buddy9.

buddy9

Confusedexecutrix said:

Hi again, application rejected as will not signed on all pages (written in 1991) , I need to make an application under Requirements of Writing Act 1995, I have seen how to do this at some point but struggling to find again, did anyone have to do this and can share guidance or links? 

However C1 was correct so thanks to everyone who has shared their experiences especially Buddy9.

Setting up the will involves submitting a writ to the court explaining the deficiency etc. and is accompanied by affidavits - possibly by the subscribing witnesses, or finder of the will, or keeper of the will as available.