C1 Confirmation Scotland - inclusion of property from pre-deceased spouse

PSMSE

Hi, I am currently completing the C1 Application for Grant of Confirmation form for my father who died recently, less than 6 months after my mother. Their wills were set up as ‘either or survivor’, so my Dad was the sole beneficiary of my Mum’s estate which included a 30% share of a commercial property which Dad had no previous share in. Because of the short period of time between their deaths, the transfer had not been undertaken, and the deeds still show 30% in Mum’s name. We plan to sell the 30% as part of the settling his estate and need to include it in the C1 form, but unsure how it should be worded.

So far I have the following, but I may be way off……

The Tearoom, The High Street, Anytown, Postcode, being the subjects of the General Register of Scotland XXXXXXX, valued by XXXXXXXXX
30% pro indiviso share, bequeathed to the Deceased by his spouse (name here?) as the sole beneficiary of will dated dd/mm/yy, which is exhibited. 



Any pointers very much appreciated.
 Thanks.

buddy9

Who was mother’s executor? Was a Grant of Confirmation issued for mother’s estate? What is outstanding in the administration of mother's estate?

Could you elaborate on the  “either or survivor” provision in the will.

What did father’s will say about executors?

buddy9

Also could you confirm your use of 'General Register of Scotland',  is it GRS - General Register of Sasines or Land Register of Scotland.

PSMSE

buddy9 said:

Who was mother’s executor? Was a Grant of Confirmation issued for mother’s estate? What is outstanding in the administration of mother's estate?

Could you elaborate on the  “either or survivor” provision in the will.

What did father’s will say about executors?

Hi buddy9 & thanks for your response.

Mum’s executors are myself & my 2 sisters, exactly the same as Dad’s. We hadn’t made applied for Grant of Confirmation of Mum’s estate before Dad also died. ‘Either or survivor’ refers to Mum’s will leaving her whole estate/all assets to Dad, unless he had predeceased her, which wasn’t the case. As far as we know there is nothing outstanding in Mum’s estate administration apart from the transfer of the 30% share of the commercial property.

PSMSE

The deeds for the commercial property are registered under the Land Register of Scotland. 

buddy9

You will not be able to sell the share of the building unless you have Confirmation for your mother’s estate and also separate Confirmation for your father’s estate. The executors need to apply, separately, for both.

Regarding the property, you need to determine whether mother (and then father) owned 30% of a building or owned 30% of a building plus an interest in the business operated therein.

While your post concentrates on the building, the Confirmation of each estate needs of course to include the whole estate.

PSMSE

OK, thanks for that very useful advice Buddy9, much appreciated. 

buddy9

I think that an entry for the buidling ownership might look something like this example - if there is no survivorship in the title.

this example ignores any potential discount in value for joint ownership.

PSMSE

buddy9 said:

I think that an entry for the buidling ownership might look something like this example - if there is no survivorship in the title.

this example ignores any potential discount in value for joint ownership.

Brilliant - many thanks again buddy9. You have been extremely helpful.

PSMSE

I submitted Mum’s confirmation first, which was approved first time, then Dad’s, which was also approved with no revisions yesterday. Both were approved less than two weeks after application, so pretty efficient. Thanks again for your advice @buddy9