Obtaining confirmation of death in Scotland without a will

Wordsonapage

I have had the C1 form returned from the sherif court in Scotland. They have said that "Date of appointment of executrix must be included in the declaration on page 2" and "In respect of the amounts please see HMRC guidance." I have read the guidance multiple times and can't see what is incorrect. Can anyone tell me where how/where to correctly write the first point and what I might have done wrong re: the estate declaration amounts. I have redacted names, addresses and specifics from the form screen shots. Many thanks.

buddy9

Para 2

Here is an example

That I am 

the executrix-dative qua daughter of the said deceased conform to decree granted by the sheriff of South Strathclyde, Dumfries and Galloway at [insert place] on [insert date] 

Use the exact wording as it appears in the decree

Values

I would lay out the inventory as shown in this other thread.https://forums.moneysavingexpert.com/discussion/6343501/c1-scotland-inventory/p1

Perhaps as post #5. 

But the comment in respect of amounts could be to pages 4 and 5.

Wordsonapage

Thank you. I think I'm going to have to accept defeat as I have no real way of knowing what's wrong as neither HMRC nor the Sherif court will give any more information re the estate amounts/descriptions/specifics. I've been trying to sort this out for over 3 months and the whole procedure is unnecessarily complicated and the guidance unclear to say the least. 

Thank you again for your help.

buddy9

Don't accept defeat. Revamp as I suggest. above.

You could also send me a copy of any pages by personal message if you want an opinion

Nickelodeon1

I am wondering if someone can help me, please. I am trying to help do confirmation for my children aged 21 & 23, their dad left no will, no civil partner, spouse or dependants and we divorced many years ago. No land or property involved just moveable estate some of which are motor vehicles. The estate could fall under small estate. Do they still need to apply to be executors or can I they just do a grant of confirmation. It is all so complicated.

buddy9

Nickelodeon1 said:

I am wondering if someone can help me, please. I am trying to help do confirmation for my children aged 21 & 23, their dad left no will, no civil partner, spouse or dependants and we divorced many years ago. No land or property involved just moveable estate some of which are motor vehicles. The estate could fall under small estate. Do they still need to apply to be executors or can I they just do a grant of confirmation. It is all so complicated.

The first issue to establish is whether the assets can be accessed without the need for Confirmation. This would be the best option.

However, if there is a need for Confirmation and the gross estate (before expenses) is no greater than £36,000 then the sheriff clerk will do this under the small estates procedure and this is the way to go.

If the estate is greater than £36,000 and Confirmation is necessary then the process is more complex.

Nickelodeon1

Thank you for the response, i am not sure how we establish if the assests can be accessed without Grant of confirmation which would be fantastic. We are currently trying to gauge how much the estate is as there are two bikes and one car. The car is complicated as his companion at the time has taken the car and not returning it (gray area, civil matter according to the law). She has no claim on anything as they both had different address and she is not named on any other paperwork apart from the car insurance as a named driver. Do we declare it? There is also debt to be paid which I know is next to be paid after funeral expenses. It’s all so complicated and confusing. 🫤 

Savvy_Sue

One thing you can (and should) do about the car is report the death to the insurer, because the policy is no longer valid. Do you have the V5?

Nickelodeon1

Savvy_Sue said:

One thing you can (and should) do about the car is report the death to the insurer, because the policy is no longer valid. Do you have the V5?

Thank you Savvy Sue, yes everything that can be cancelled regarding the car has been done. Nope we do not have the V5 which makes it more difficult. Not going to court as could cost a fortune. Insurance originally  tried to tell my daughter that the executor hand to cancel policy, I then phoned and told them that it was ridiculous as there was currently no executor and he was dead and could not drive the car, they then issued a refund and cancelled policy. What a carry on. D.V.L.A will not put a flag on system or as they say “can’t” as it is a live system.