Grant of Confirmation

buddy9

Strictly speaking, because the will was executed in 1991, it is not an application under the Requirements of Writing (Scotland) Act 1995. It is a similar process for earlier wills.  Affidavit provision might be the most problematic for you. Some courts take a pragmatic approach to setting up a will and it might be useful to ask the court official regarding affidavit provision. 

Confusedexecutrix

The will has been through 3 iterations of the solicitor practice since written, the original witness no longer connected to them. I hold the original and copy the deceased was given at the time, its clear original staples still on document so no pages removed/replaced. Am I going to have to get a solicitor involved? Estate under £250k but over small estate limit.

Confusedexecutrix

Also to add Im sole executor and sole beneficiary. Deceased was surviving spouse. Solicitors who held will were unprofessional in the extreme whilst I was in communication to obtain the will and Id prefer not to have to speak with them again if possible.

buddy9

Witness singular? A will in 1991 needed two witnesses.

Confusedexecutrix

Looking again, there is the deceased signature and two witness signatures, one looks like a printed name and I presumed it was the same as the name above which is illegible.

The commissary has highlighted the will should be signed by the grantor on both pages, which wasnt a requirement in 1991 afaik . See below, it also says If you are in agreement with my comments please make the appropriate alterations and return the same to this office. I tried calling to soeak to them but no one was available and as over £36k I presume they can’t help further.

buddy9

Confusedexecutrix said:

Looking again, there is the deceased signature and two witness signatures, one looks like a printed name and I presumed it was the same as the name above which is illegible.

The commissary has highlighted the will should be signed by the grantor on both pages, which wasnt a requirement in 1991 afaik . See below, it also says If you are in agreement with my comments please make the appropriate alterations and return the same to this office. I tried calling to soeak to them but no one was available and as over £36k I presume they can’t help further.

It was a requirement pre-1995 for a will to be subscribed at the foot of each page.

As stated, for a 1991 will, the solution is a writ quoting the Conveyancing (Scotland) Act 1874, not an application under ROWSA. I will look at the wording example in Currie on Confirmation but I will need to send any comments and wording by PM.

Confusedexecutrix

Id be really grateful for any help. I have been able to access Currie but didn’t realise this would definitely be a problem. I got the impression some courts would accept.

Confusedexecutrix

buddy9 said:

Confusedexecutrix said:

Looking again, there is the deceased signature and two witness signatures, one looks like a printed name and I presumed it was the same as the name above which is illegible.

The commissary has highlighted the will should be signed by the grantor on both pages, which wasnt a requirement in 1991 afaik . See below, it also says If you are in agreement with my comments please make the appropriate alterations and return the same to this office. I tried calling to soeak to them but no one was available and as over £36k I presume they can’t help further.

It was a requirement pre-1995 for a will to be subscribed at the foot of each page.

As stated, for a 1991 will, the solution is a writ quoting the Conveyancing (Scotland) Act 1874, not an application under ROWSA. I will look at the wording example in Currie on Confirmation but I will need to send any comments and wording by PM.

Hi buddy

just rereading here, as I understand you the solicitor was remiss in not ensuring will signed on all pages when executed. I wouldn't then be unreasonable to ask them to provide the affadavit due to this, I’m concerned they'll expect payment for something outwith my control that shouldn't have happened.

Savvy_Sue

Confusedexecutrix said:

buddy9 said:

Confusedexecutrix said:

Looking again, there is the deceased signature and two witness signatures, one looks like a printed name and I presumed it was the same as the name above which is illegible.

The commissary has highlighted the will should be signed by the grantor on both pages, which wasnt a requirement in 1991 afaik . See below, it also says If you are in agreement with my comments please make the appropriate alterations and return the same to this office. I tried calling to soeak to them but no one was available and as over £36k I presume they can’t help further.

It was a requirement pre-1995 for a will to be subscribed at the foot of each page.

As stated, for a 1991 will, the solution is a writ quoting the Conveyancing (Scotland) Act 1874, not an application under ROWSA. I will look at the wording example in Currie on Confirmation but I will need to send any comments and wording by PM.

Hi buddy

just rereading here, as I understand you the solicitor was remiss in not ensuring will signed on all pages when executed. I wouldn't then be unreasonable to ask them to provide the affadavit due to this, I’m concerned they'll expect payment for something outwith my control that shouldn't have happened.

Definitely not an expert, and buddy will correct me if I'm wrong, but if the remiss solicitor / their practice is still going, I'd email / write to ask them to provide the affidavit at no cost, because it appears that they failed to ensure that it was correctly signed. Have you already been in touch to establish their existence? 

Confusedexecutrix

Hi Sue, yes Im awaiting a call back to discuss. Will see what they say but Im annoyed if this could have been avoided by more robust checks at the time.