Obtaining confirmation of death in Scotland without a will

I am trying to complete the admin required for conformation of death in Scotland without a will. I am at the stage where I need to apply for a bond of caution however, the insurance companies have told me that I have to do this through a solicitor and cannot apply for it myself. This is an unnecessary cost. Does anyone know if this is true of if there is a way of obtaining this myself?
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  • buddy9
    buddy9 Posts: 768 Forumite
    500 Posts Third Anniversary Name Dropper Photogenic

    There are two intestate situations where a bond of caution is not required.

    1. Where the estate is small (not over £36k) and the small estates procedure is used.

    2. Where a surviving spouse or civil partner takes the whole estate due to prior rights (or equivalent for a CP)

    Otherwise a bond of caution is necessary.

    Lawsure Insurance might be the only issuer that would consider a bond of caution without compulsory solicitor involvement.


  • Thank you, I have now obtained a quote. Unfortunately, I now have to complete a document for the bond which is written in legalese and makes almost no sense to me. Can anyone with completion of an Executry Bond of Caution form?
  • buddy9
    buddy9 Posts: 768 Forumite
    500 Posts Third Anniversary Name Dropper Photogenic
    Would you be able to say what questions are problematic?
  • I've since managed to get help with the above mentioned form. I'm now confused about the below section on the C1 form. My dad's estate is very small and doesn't qualify for inheritance tax. However, on another thread about this subject for another forum member, you had mentioned that these boxes should not be zero. I'm very confused. 


  • buddy9
    buddy9 Posts: 768 Forumite
    500 Posts Third Anniversary Name Dropper Photogenic

    There are two estate calculations. The estate for confirmation - shown on page 4, and the estate for IHT purposes - shown on page 5.

    Often the gross value and the net value for confirmation will be the same as the gross value and net value for IHT. But the IHT values could be greater if there are for example non-exempt gifts to add or property subject to a special destination.

    You show zero values for boxes 23 and 24 which will be an error.

    If there is no surviving spouse then, in this case, the NQV will have the same value as box 24.


  • Thank you. There is no spouse. It is a very simple estate with just a couple of financial accounts. Does this mean that boxes 23 and 24 should be the same as boxes 11 and 15, the gross/net values for confirmation, even though the estate is exempt from inheritance tax?
  • buddy9
    buddy9 Posts: 768 Forumite
    500 Posts Third Anniversary Name Dropper Photogenic
    Yes box 11 value repeated in box 23, box 15 value repeated in box 24 and box 25 the same value as box 24.
  • Goodness, I am so grateful for your advice. The notes for completion of this form are of little to no help. 

    I have one more section that I'd like to clarify, if I may. Apart from my name (which I've removed for the purpose of posting here), do I need to add anything in the big box at the bottom? There is no will and I am the executrix as named on the interlocutor from the court.


  • buddy9
    buddy9 Posts: 768 Forumite
    500 Posts Third Anniversary Name Dropper Photogenic
    If you are the only executor appointed in the decree, enter your name, pen through the words 'along with the said', leave the big box empty.
  • Thank you so much for all of your help and for taking time out of your weekend to do so. I have spent weeks trying to decipher these forms and was close to giving up. I hope that this thread may also be helpful to anyone else going through this awful situation. Your kindness and generosity is so very much appreciated.
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