Grant of Confirmation in Scotland

w3ndy

I am completing Form C1 as the niece and executor of my deceased aunt and would like help with the wording of Question 1 in the Declaration section.  I need to state where she was domiciled.  Do I enter "Sheriffdom of North Strathclyde in Scotland" or "Sheriffdom of North Strathclyde in Scotland at Greenock".  Any help would be apreciated. Thanks

MCT56

I have seen an example somewhere amongst other posts on this site where it gave the Sheriffdom as you have stated - without the actual place name at the end. In other words without "at Greenock". Also I have read that different court offices have different interpretations of what is acceptable. I'm in a similar situation to you and I'm awaiting fro see if my application is granted or not. It's with a different Sheriffdom.  

summertime08

I’ve also decided to try and fill out form C1 and C5 ,My son passed away he was never married had no dependents and has always lived at home as his dad and I were his 24/7 carers all his life ,because our son accumulated savings (Due to a award getting paid out) he is classed just over as having a large estate ,he didn’t have a will as that was the last thing my husband and I would of thought about ,I’m slowly working through the forms it’s quite daunting especially when I read that the courts won’t give you any help with forms for larger estates ,I’m not sure if I should fill in section 10 on page 1 as he didn’t have a will I have filled in my own details in section 2 page 2 , do I put That I am (my name) and that I am my sons mother.
Any help will be appreciated everyone on this site has given me some confidence thT maybe I can do it myself

sheramber

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/821770/C3_2006_.pdf
Do these notes help?

summertime08

Thank you I will have a read through it.

TcpnT

Have you read through the long-standing thread titled "Grant if Confirmation". It has a lot of useful information.

summertime08

Im reading through everthing trying to pick up everyone’s excellent information.
I would like to try and do it myself without a solicitor and I know it won’t be easy but reading everyone’s comments on here has given me some confidence that maybe I could x

summertime08

I have just received my confirmation application C1 form back from the sheriff court rejected it states that prior to lodging the inventory I must be appointed by the court as executor and have to lodge a petition in a particular format for that to be done
They have also stated that I will need a bond of caution so I should seek legal advise
Im not sure what to do next 

summertime08

I’ve just made enquires with a lawyer and they want £200 plus vat hourly rate

naedanger

summertime08 said:

I’ve just made enquires with a lawyer and they want £200 plus vat hourly rate

I think the first step is to go to court to be appointed executor. So I would speak to the solicitor about doing this step first. After you have evidence you are executor you might be lucky and find the savings providers will release the money to you on that basis alone. 

If not then I believe you will need to get confirmation. But as there is no will then I understand the law in Scotland, for large estates, requires you get a bond of caution before you can get confirmation. Only two companies offer this product and both companies will only deal with solicitors. The minimum cost of a bond is c. £250 and the bond does NOT protect the executor in any way.  

So I think you might have to employ a solicitor. In which case doing as much work you can yourself would seem the best way of minimising the bill. I expect £200 plus VAT per hour is actually on the more reasonable end of the charging scale. But you could ask other firms for estimates. Of course the risk is the solicitors will spin the work out to rack up the chargeable hours. (So perhaps ask to quote for the job.)

summertime08

Thank you for you advice