Grant of Confirmation

notlittlejohn

Hi, I am filling in the C1 form for my late mother.   I was anticipating it should be relatively straight forward as she had been a home for years and only had some savings accounts and a Standard Life With Profits Bond.   But I have just realised that Std Life is now part of Phoenix Life Limited who are registered in Birmingham while Std Life was Edinburgh based.

So does that mean I need in the inventory put the value for the bond against Estate in England and Wales rather than Scotland?    And do I now need to do something similar to C1 in England as well?   Or is it just the one one submission?    Her assets are nowhere near IHT threshold but above the small estate limit.

Thanks in advance.

buddy9

notlittlejohn said:

Hi, I am filling in the C1 form for my late mother.   I was anticipating it should be relatively straight forward as she had been a home for years and only had some savings accounts and a Standard Life With Profits Bond.   But I have just realised that Std Life is now part of Phoenix Life Limited who are registered in Birmingham while Std Life was Edinburgh based.

So does that mean I need in the inventory put the value for the bond against Estate in England and Wales rather than Scotland?    And do I now need to do something similar to C1 in England as well?   Or is it just the one one submission?    Her assets are nowhere near IHT threshold but above the small estate limit.

Thanks in advance.

I assume that you have been asked for Confirmation to access funds.

If the with profits bond is payable to your mother’s estate, then it should be listed in the inventory as personal estate in England and Wales. (Standard Life is a trading name of Phoenix Life as you advise).

It's a single C1 submission in Scotland.

weegie148

Hi everyone. I'm new to this forum and hope my post ends up on the right thread!  I have read through all 96 pages relating to an application for confirmation in Scotland which has taken me three days but has been absolutely worth it.  Fantastic source of valuable information.

I wanted to ask a question about something that hasn't been mentioned so far. Basically my mother has passed away and myself and my sister are noted as executors in her will. My sister lives in Scotland and I live abroad. This has been noted in the Will and our addresses haven't changed. It therefore makes sense that my sister applies for the confirmation and handles the correspndence in Scotland with the banks etc.  It is a very simple estate, no property to be sold and just three bank accounts and some premium bonds. I do not want to rescind my position as an executor but want to reserve power to act as an executor should it be required. For example if my sister were to pass away between the date of the application being submitted and the grant of confirmation being successful then I would want to take over as executor in that situation.

I understand that if we are both noted as executors on the grant/certificate of confirmation that some banks will insist on the documents for releasing the funds are signed by both executors and this is of course impractical since I am living abroad.

The information I found online and in the government guidelines suggests that a letter confirming that I do not want to apply for confirmation but reserve my powers as executor be sent to my sister and that she in return acknowledges this. Both letters should be submitted and doquetted along with the rest of the paperwork. 

My question therefore is how do we word this in the application so we don't fall foul of the 'rules'. We will be dealing with Glasgow sheriff court and wondered if anyone else had experience of this particular situation.

My main questions are:
I assume my name has to be included on page 1, question 10 as an existing executor.
What wording can my sister use in page 2 Declaration for questions 2 and 3 to reflect that I am not resigning as executor but simply reserving my power. Should she just score through the words in box 3 'along with the said'
What doquett wording is needed on the letters - is it the same as the wording on the original Will.
Is the current wording on the reservation of power letters acceptable - details below with the names changed for obvious reasons

To:     Miss Jane Brown

          6 Green Lane

          Glasgow 

          G1 6XX

    

From: Mrs Sandra Smith

           Apartamento 1
          Beach Lane
          Barcelona
          Spain

I, Sandra Smith, as an executor named in the will of Marion Brown,

hereby notify you that I intend to reserve my power to act as an executor at this present time.

I do not intend to apply for confirmation at this present time but I reserve the right to do so at a later date if required. 

Signed:                        Date: 

--------------------------------------------------- 

To    :  Mrs Sandra Smith

           Apartamento 1

          Beach Lane
          Barcelona
          Spain

From: Miss Jane Brown

          6 Green Lane

          Glasgow 

          G1 6XX

I, Jane Brown, as an executor named in the will of Marion Brown,

hereby notify you that I intend to apply for confirmation in respect of the estate of the said Marion Brown as agreed with you, and have noted that you wish to reserve your power to act as an executor at a later date if required.

Signed:                  Date: 

-------------------------- 
I really hope these letters will be sufficient as we have already signed and dated them. My sister will also explain the position in her covering letter to the court. The C3 guidelines make the following statement ' If any of the executors have declined to act as executors, please give details of any writings relating to their declining to act'. However there is no mention of an executor wishing to reserve power. I assisted my husband 4 years ago in handling my father-in-laws estate in England for probate and we completed a section on the probate application for reserving power re another executor which was accepted without any issues. However there isn't anything similar on the C1 form.

Any help from forum members on this issue will be greatly appreciated. My sister is hoping to complete the form this week if possible.

buddy9

Reserving power

The information you found online and in the government guidelines would apply to England and Wales. 

I am not aware that there is scope for reserving power to act in Scotland. The confirmation textbook ‘Currie on Confirmation of Executors’ contains nothing on the subject.

Justgjp

Hi Folks, terrific help found here. Many thanks for everyone who has pitched in to help/advise. It's well overdue for the Scottish Govt's legal service to reform this irksome Confirmation process. I'm looking for any steers please on one inventory item that I'm stuck on.

I have read in this forum that Item 1 needs to be the heritable estate (house). Words used: "Subjects at <address of house> being the subjects registered at the land registry of Scotland under title number <title number of the deeds (your solicitor can provide this - freely available to them on line)> on <date the deeds were registered>.

My Heritable Estate is a wholly owned mobile home sited on a caravan park. I have no land registry reference to cite - presume all of that sits with the caravan par - so all I am left with are words that describe the dwelling and the address at the caravan park. Will that suffice for the Sheriff ?

buddy9

Justgjp said:

My Heritable Estate is a wholly owned mobile home sited on a caravan park. I have no land registry reference to cite - presume all of that sits with the caravan par - so all I am left with are words that describe the dwelling and the address at the caravan park. Will that suffice for the Sheriff ?

As far as I am aware a mobile home is not heritable so, if it is in Scotland, it should be listed under moveable estate. A listing with reference to description and location would seem suitable.

weegie148

Reserving Power

Thanks very much Buddy9. This is very disappointing, I really hoped it would be the same in Scotland.
I assume I now need to produce a letter of declinature to act as executor and this will doquetted and attached to the application. 

Would you be kind enough to reply regarding the following:
1. I assume my name will not require to be shown on page 1, question 10 as I will not be acting as an executor.

2. page 2 Declaration - for question 2 would the following wording be acceptable?
I am
Jane Brown, daughter and Executor Nominate of the late Marion Brown By her will dated the 11/01/ 2024 herewith exhibited and docquetted and signed by me as relative hereto.  In said will my sister Sandra Smith was also appointed executor but declined to apply for confirmation and has declined to act as executor conform to letter of declinature dated 13/04/2025 which is also exhibited and docquetted and signed by me as relative hereto.

3. page 2 Declaration - question 3. Can my sister score through the words 'along with the said'

4. the doquett wording on the letter of declinature will follow the same wording as the doquett on the original Will.
eg. “Town”. “Date”. 

“This is the letter of declinature of Sandra Smith referred to in my declaration of this date.” 

Signature.

5. The Letter of Declinature - would the following be acceptable? Does it need to be witnessed?

I, Sandra Smith, am writing to formally decline my appointment as an Executor of the Will of the late Marion Brown, dated
13/04/2025.

As a co-executor, I am aware that I have the right to decline this position and understand that this will mean the other executor, Jane Brown will be appointed to administer the estate. I will therefore not be proceeding as an executor.

Signed and dated 

Hopefully if we proceed on the above basis then the application stands a good chance of being accepted. Many thanks for your help, it is greatly appreciated.

buddy9

Weegie148

Only acting executors are shown on page 1, question 10, so your name is not shown

…………

page 2 para 2 suggestion

That I am

the daughter and executor nominate of the deceased conform to her will dated 11 January 2024 herewith exhibited, docquetted and signed by me as relative hereto.  In said will Sandra Smith a daughter of the deceased is also nominated executor but the said Sandra Smith has declined to act as executor conform to letter of declinature dated 13 April 2025 which is also exhibited, docquetted and signed by me as relative hereto.

………

The words 'along with the said' can be scored through.

………

In the letter of declinature, perhaps include your address and also your late mother’s address. A letter of declinature does not need to be witnessed.

The docquet wording on the letter of declinature follows the wording on the will docquet

 “Town”. “Date”. 

“This is the letter of declinature of Sandra Smith referred to in my declaration of this date to the Inventory of the estate of the late Marion Brown.” 

Signature.

………………..

See this thread for details of recent delay at Glasgow sheriff court.

https://forums.moneysavingexpert.com/discussion/6594482/confirmation-from-glasgow-sherriff-court-10-12-weeks

weegie148

Thank you so much Buddy9 - you are an absolute gem and I am so grateful for all the help you have given me and countless others on this forum. I will keep everyone updated on our progress, fingers crossed we have a successful outcome. Many, many thanks.

notlittlejohn

buddy9 said:

notlittlejohn said:

Hi, I am filling in the C1 form for my late mother.   I was anticipating it should be relatively straight forward as she had been a home for years and only had some savings accounts and a Standard Life With Profits Bond.   But I have just realised that Std Life is now part of Phoenix Life Limited who are registered in Birmingham while Std Life was Edinburgh based.

So does that mean I need in the inventory put the value for the bond against Estate in England and Wales rather than Scotland?    And do I now need to do something similar to C1 in England as well?   Or is it just the one one submission?    Her assets are nowhere near IHT threshold but above the small estate limit.

Thanks in advance.

I assume that you have been asked for Confirmation to access funds.

If the with profits bond is payable to your mother’s estate, then it should be listed in the inventory as personal estate in England and Wales. (Standard Life is a trading name of Phoenix Life as you advise).

It's a single C1 submission in Scotland.

Thanks for the guidance Buddy9.

A follow up question, my mum had some savings in the Nationwide who are HQ in England but she dealt with the branch in her hometown Scotland.   Should these savings come under Moveable Estate Scotland or Personal Estate England?