Grant of Confirmation

buddy9

Jenna_

If you have not seen it, there is an inventory on this thread which might help.
https://forums.moneysavingexpert.com/discussion/6566739/c1-confirmation-form-advice-before-we-submit-our-form

Jenna_

Thanks ! I'm going to submit tomorrow hopefully it doesn't get returned. Only thing is I'm not able to type in the amount into box 15 for net?  Can I just write this in when printed? I only have 12 filled in as funeral was a plan and no other debts. Lastly (hopefully) the utr number can I leave blank as I don't know it? 

buddy9

You can write in the value of box 15 when printed. And for UTR write in not known.

AnotherSeekingHelp

Hi, like everyone else who has passed through here, thanks to all for their contributions, it has been a great help. My story is helping my wife handle her recently deceased fathers estate, I think we are nearly ready to submit, due to most answers being found on here, but would appreciate any help offered in double checking what we plan to submit, mainly around the declaration.

My father-in-law had appointed a solicitor as his executor, who unfortunately predeceased him, in the will my wife's maiden name and former address are used. Today we received the decree confirming her as executor.

What we currently have is -

1. Only my wife listed in the executor list, as (Dative)
2. In declaration by we have used my wife's married name nee maiden name, and current address
3. For the declaration I'm not 100% certain on how to link the decree and will together, whilst explaining the above, whether the decree supersedes the will or not, etc, at the moment we have -

That I am

the daughter and executrix-dative qua one of the residuary legatees, conform to the decree granted by the sheriff of Glasgow and Strathkelvin in Glasgow, on {Day Month Year}, produced, signed and docquetted as relative hereto, of the deceased. In the will of the deceased dated {Day Month Year}, produced herewith, signed and docquetted as relative hereto, I am designed {Maiden Name}, a former name, and I am designed as residing at {Will Address}, a former address. In said will, {Solicitor's Name}, solicitor and appointed executor nominate primo loco, pre-deceased the said deceased.

4. Crossed out "along with the said"

I think the inventory itself is pretty straight forward, again thanks to the help found here, the final steps will be to confirm the bank account balances now the decree has been granted.

Any feedback / help with the above will be much appreciated, once again thanks to all contributors past and present.

buddy9

AnotherSeekingHelp

I presume that there was no substitute executor mentioned in the will.

Can I ask why your wife has applied for appointment as executor dative when there is a will? Were you advised to do this?

Who are the beneficiaries listed in the will?

AnotherSeekingHelp

Thanks for the quick response, no, the only named executor was the solicitor who predeceased my father in law, so we were advised a new executor would need to be in place to release the will. My wife and her brother are the only beneficiaries mentioned in the will, estate to be split 50/50 between them, nothing else mentioned.

buddy9

There are situations where, in this scenario type, named beneficiaries can operate as executor nominate, but there are some situations where a dative application is necessary.

On the face of things, your situation looks as if it could have been dealt with as executor nominate (unless wife's brother is uncooperative).

With a dative appointment your wife will have to obtain a Bond of Caution.

Looks like you have been given poor advice.

AnotherSeekingHelp

There are potential issues between my wife and her brother, the hope is things will work out ok, but they would not be able to work together on this. Can you explain a bit more on the Bond of Caution requirements and should we refer this back to the solicitors who handled the dative petition?

buddy9

With some exceptions (not relevant here), an executor dative must find Caution. I think there was information on the SCTS website, but cannot find it on the new website. There is information on Scottish solicitor websites if you do a search.

As far as I know, there is only one source of a Bond of Caution (Lawsure) which can allow an executor to deal with Confirmation and administer the estate etc. themselves (up to £250,000 estate limit). Otherwise solicitor engagement is a requirement of the issuer.

If a solicitor submitted the application for executor dative, were you not advised of the Bond of Caution requirements for Confirmation for a dative appointment?

It is an advantage if legatees can act as executor nominate (no bond of caution required) and are free to decide whether to engage a solicitor. Did the solicitor consider and explain the potential to use section 3 of the Executors (Scotland) Act 1900 whereby legatees (conditionally)  are considered executors nominate if the original appointed executor fails?

Obviously family relationships can be an obstacle. Section 3 would not be an option if your wife's brother would not be willing to be confirmed jointly, or would not provide a decline to act in writing.

Pandamom

Hi all, thanks to the help on here I'm nearly ready to submit my C1. It's an English will so I am getting a written statement from an English solicitor typed up and signed. Does the English solicitor also need to doquette the will?  The first page of the will is a cover page with  'This is the will of .....' so is it ok to doquette on here - I would be covering up the details if I went for the next page where the will starts in full?