How to prove confirmation was granted when the exexcutor has passed away

Slommols

My mum passed away almost 7 years ago and my dad more recently (May 30th 2021).I have a forward on my dad’s mail and unexpectedly a letter has turned up for my mum, it is a rebate for overpaid fees in a joint action against RBS. I informed the solicitor that wrote to me that both my parents had passed away and that, as an executor on my dad’s will, I have applied for confirmation, and asked that the value of the cheque be paid to me to add to the estate.

They have replied asking that I provide:

1. A copy of grant of probate for my mum; and
2. A letter signed by all of the executors or administrators listed on the grant of probate, indicating to which executor the cheque should be made payable to.

 

My dad was the executor of my mum’s will so he can’t sign anything and I found no evidence in his paperwork of a copy of confirmation/probate for my mum. Is this information available anywhere?

Any idea how I progress this?

getmore4less

You need to look at executor chain.
(Check Scottish version as confirmation)

That may cover the legal  authority as executor of a deceased executor takes over.

Then it is finding if confirmation was ever applied for and on record.

buddy9

For persons domiciled in Scotland, the Sheriff court can advise if confirmation was granted. However, estates do not always require a grant of confirmation.

One option is to send the solicitor:

• a copy of your mother's death certificate

• a photocopy of your mothers will

• a copy of your father’s death certificate

• a photocopy of your father’s will

Mention that a grant of confirmation (the Scottish equivalent of probate) was not required for your mother's estate [if accurate]. And advise that the money now forms part of your late father’s estate [assuming that your mother's will left everything to your father] and as his sole executor [if accurate], you are entitled to receive it.