Grant of Confirmation

buddy9

omarali said:

Just jumping on here for some advice. Father  moved from Scotland to England in May 2024 and moved to a care home. He died a few weeks ago and his will is with sols in Glasgow. Straighforward will spilt between his 4 children. No property to sell and several accounts still in banks in Glasgow. Question is do we need to apply for probate in England or confirmation in Scotland?

Assuming that you need a grant of representation.

It is all down to domicile. Domicile is often analogous with residence but it can be otherwise. 

It is common for a Scottish will to contain a stated domicile; a declaration of domicile might be persuasive.

If the assessment is that father was domiciled in England (but with a Scottish will), then the executor will need to apply for probate and also submit a statement of ‘foreign’ law  signed by a solicitor in Scotland which confirms that the will is valid and is prepared in accordance with the laws and constitution of Scotland.

If the assessment is that father was domiciled in Scotland, then the application would be to the Commissary Office in Edinburgh and the application would  be on the basis of ‘no fixed or known domicile except that the same was in Scotland’.

Scottish succession law would apply where domiciled in Scotland. Probably not problematic if the will splits the estate equally between the children and there is no surviving spouse.

omarali

No surviving spouse and my sister is the executor of the will that is in the solicitors office . Domicile is the part that is confusing us. He was resident in England but lived his whole life in Scotland apart from the last 12 months. I an presuming that because he lived in England at the time of his death he would be domiciled here and probate would be applied for in England. For practical reasons it would be easier to go through the Scottish courts.

edn_mc1

Hi, I have to resubmit my C1 application, because the court requires additional information regarding the reason why my aunt is not acting as executor.

I signed and dated my original C1 application and docquettes when I submitted them in March 2025. The court took 8 weeks to respond back, I then had to wait several weeks for an updated letter from my aunt's doctor.

All the examples of resubmissions I have seen say keep the signing dates the same, but I now have to refer to a new document in the declaration on page 2.

If I now have to change the signing date to July 2025, do I just score through the date I wrote on the Will docquette and replace it with the new date, or do I have to rewrite the whole docquette again?

Thank you in advance for any help.

buddy9

Strike through the date, initial the change, and insert the new date.

edn_mc1

Thank you buddy9. I will be resubmitting the form next week, and hopefully, it will be accepted this time.

Flapjack321

Hi all.

This is my first post.

I stumbled upon this thread while looking for help in completing the C1 application for my friend who died last month, leaving me the Executor of her estate.

Without this invaluable site I would be stumbling in the dark trying to complete the task ahead.

I have a number of queries concerning the application.

I hoping and praying you can advise me on them.

1.

  In my friend's Will she lists me as the Executor of her estate, but it also states, "Whom Failing", lists an animal charity.

 Do I also add the animal charity as executor in the C1 form page 1 box 10 below my name or do I leave it blank?

2. 

 Also in her Will under the term Residue along with the Bank account details there is listed a Standard Life Pension Plan - Ref: XXXXXX/XXXXXXX (The term Work Pension is omitted from the Will).

I've been in touch with the company and they say there is no lump sum payment on death and the last payment at  the start of June, approximately 12 days before her death was the final payment. I asked if they were sending the 12 days payment and they said that if any money was owed it would be sent to me. They have since sent a final statement showing this as evidence, including tax details.

  My question is, Because the work pension plan is listed on the Will do I need to list the details on the C1 form page three Inventory, under Estate even if the balance is £0, or only if there is a later payment for the 12 days leading up to her death, and if so do I list it under moveable Estate in England and Wales? 

3.

 Also concerning the work pension, Do I need to fill in an IHT400 form or any other forms even though the gross value of the estate is approx £100,000, well under the nil rate band.

4.

 There have been a couple of refunds amounting to a few hundred pounds from the utility companies, do I also list these in the inventory.

5.

 Her bank balance including interest on date of death is different from her current balance (by approx £800) due to her state pension and sick benefits arriving after her death but before the bank froze her account, Should I mention this in the Inventory?

I know this a lot to ask for, but I hope someone can answer some of my queries.

Best regards.

Savvy_Sue

I am sure someone can, but I think I can help with "whom failing".

If you were unable to complete the task, or decided you did not wish to do so, you'd be 'failing', and in that case it would fall to the Animal Charity. They are not Joint Executors, they are a backup, so there'd be no reason to mention them because you are not 'failing'. 

buddy9

Flapjack321 said:

Hi all.

This is my first post.

I stumbled upon this thread while looking for help in completing the C1 application for my friend who died last month, leaving me the Executor of her estate.

Without this invaluable site I would be stumbling in the dark trying to complete the task ahead.

I have a number of queries concerning the application.

I hoping and praying you can advise me on them.

1.

 In my friend's Will she lists me as the Executor of her estate, but it also states, "Whom Failing", lists an animal charity.

 Do I also add the animal charity as executor in the C1 form page 1 box 10 below my name or do I leave it blank?

2. 

 Also in her Will under the term Residue along with the Bank account details there is listed a Standard Life Pension Plan - Ref: XXXXXX/XXXXXXX (The term Work Pension is omitted from the Will).

I've been in touch with the company and they say there is no lump sum payment on death and the last payment at  the start of June, approximately 12 days before her death was the final payment. I asked if they were sending the 12 days payment and they said that if any money was owed it would be sent to me. They have since sent a final statement showing this as evidence, including tax details.

  My question is, Because the work pension plan is listed on the Will do I need to list the details on the C1 form page three Inventory, under Estate even if the balance is £0, or only if there is a later payment for the 12 days leading up to her death, and if so do I list it under moveable Estate in England and Wales? 

3.

 Also concerning the work pension, Do I need to fill in an IHT400 form or any other forms even though the gross value of the estate is approx £100,000, well under the nil rate band.

4.

 There have been a couple of refunds amounting to a few hundred pounds from the utility companies, do I also list these in the inventory.

5.

 Her bank balance including interest on date of death is different from her current balance (by approx £800) due to her state pension and sick benefits arriving after her death but before the bank froze her account, Should I mention this in the Inventory?

I know this a lot to ask for, but I hope someone can answer some of my queries.

Best regards.

Suggestions:

1. Only list your details in box 10.

The inventory is a list of assets as at the date of death. 

2. The work pension: if there is a cash amount payable for the 12 days then list this in the inventory. If there is no payment due for the 12 days, do not list.

Standard Life seems to have different registered offices. Use the country location of the registered office relative to the account (if needed).

3. IHT400 is not required, this will be an excepted estate (on the basis of the information you give).

4. Utility overpayments made by the deceased and which are repayable to the estate, should be listed in the inventory.

5. The inventory should list the bank balance (including interest) at date of death. Subsequent pension and benefit overpayments are not listed in the inventory.

Flapjack321

Thank you so much for the information Buddy9 and the fast reply.

I'll wait a few weeks for the dust to settle and see if any more details come to light before submitting the C1 application. 

This has lifted a lot of weight from my shoulders.

Best regards.

Wenlock_the_terrible

Thanks to all of you that have shared knowledge on this and other threads in helping with the completion of the C1 confirmation form.

I am completing the inventory of my fathers investments. He held investments through UK investment platforms and one such fund is listed on the NYSE Arca exchange (US).

Should this be listed as “Personnal estate in England and Wales”, since that is where the investment platform is based or “Estate Elsewhere” ?

Some of his other investments are in funds that are incorporated and in custody overseas, principally Ireland, so should these also be listed under “Estate Elsewhere”?

Thanks