Completing C1 form

buddy9

https://forums.moneysavingexpert.com/discussion/comment/81877362#Comment_81877362

With no information to determine otherwise, the court will assume domicile is analogous with residence.

I think there are a number of options.

Option A: You amend and progress this C1 on the basis that your father maintained his Scottish domicile.

 If so, in the C1.

• In page 1, enter father’s address as:

Xxx care home, xxx previously at xxx, Edinburgh - a native of Scotland

• In page 2, para 1 second box enter: no fixed or known domicile except that the same was in Scotland
• You could also include in a cover letter an explanation of the domicile arrangement.

In such a case, there is the possibility that the court could come back and additionally request a special warrant if there is doubt about domicile.

Option B: you submit a C1 for confirmation for your father on the basis of a domicile in England. The inventory must only contain property located in Scotland. Option B seems to be how the court is interpreting your application. Somewhat oddly, you are asked to supply a ‘form of opinion’ (from a solicitor) on the validity of a Scottish will for an English domicile. 

In general, Option B would be unusual.

Option C: you apply in England for a grant of probate for your father as domiciled in England. This grant gives the executor title to deal with estate in Scotland. You might be asked to supply a ‘form of opinion’ (from a solicitor) on the Scottish will.

weeboyfromlochore

Morning buddy9,

thank you for your invaluable information. It seems very complicated that the Sheriffs court in Edinburgh is asking about a will that was produced in Scotland..

I am thinking about options C and then applying for confirmation in Scotland for his property only as that is the only real asset he has there. Would I have to still put his assets in England on his C1 form if probate is granted in England?

buddy9

If you successfully apply for probate on the basis of an English domicile you do not then require to apply for confirmation. There is cross border equivalency and the grant of probate allows the executor to deal with estate in Scotland.

weeboyfromlochore

hello buddy9,

That’s interesting I thought I would be required to apply for a new C1 form once probate is granted? As there is a Scottish asset (my fathers house).

It would be an easier process only dealing with one point of contact.

buddy9

Recognition in Scotland 

Administration of Estates Act 1971

Where a person dies domiciled in England and Wales (...) a grant of probate or letters of administration from the High Court in England and Wales and noting his domicile there, shall, without being resealed, be of the like force and effect and have the same operation in relation to property in Scotland as a confirmation given under the seal of office of the Commissariot of Edinburgh to the executor or administrator named in the probate or letters of administration.

weeboyfromlochore

Thank you for clarifying that.

So in reality the Sheriffs court will uphold the decision by the high court in England and Wales for probate due to my fathers assets as he was domiciled in England at the time of death.

Due to the 1971 Administration of Estates act.

buddy9

https://forums.moneysavingexpert.com/discussion/comment/81878365#Comment_81878365

The Grant of Probate would cover all UK assets. I cannot see why the sheriff court would then have any involvement.