C1 Confirmation Will

lighthev

Well, I'd a few short lived moments of joy today when I thought I was going to be finished with the C1 application for at least a week or so! But not to be....

I'm the sole executor of my mum's will. I've got the C1 completed, (it's an exempt and excepted estate) and attempted to hand in to Paisley. They were helpful and looked over the form. It's almost good there, they said I need to move the pension & income tax payments to be under Estate in England and Wales, which is different to what I've seen as accepted by other areas.

However I'm now needing to do more in regards my mum's will. She used a DIY form from somewhere as her will, filling in blank lines. It has the line below which my mum filled 

RESIDUARY GIFT - I GIVE the residue of my estate ...... ACCORDING TO ATTACHED PAGE.

My mum signed the "attached page" but did not date it or have it witnessed. The attached page splits the residuary between my surviving father, myself (only child) and 3 charities. It was my dad that pointed my to where the will was, and no objections from him about what's in the "attached page".

I was told I need to apply for a Dative petition, with an affidavit by the witness of the will to state they agree this "attached page" was meant to be part of the will. Thankfully the witness is still a neighbour of my dad. After managing to get the C1 filled in myself I'd like to do this myself if possible, with help from here, as we're not currently dealing with a solicitor. Can anyone advise on how to word affidavit and where to find form for Dative petition? Or does this need a solicitor?

I thought I'd seen something in the long Confirmation thread about how to word the declaration when there's extra to the will, but I can't see that now. I will keep searching through the 74 pages, but if someone can point me to the page, or tell me the wording, again I'd be very grateful! 

buddy9

The moral of the story is do not use a DIY will  ‘use a solicitor to make a will’.

You will want to avoid a dative appointment, because you will require to use a solicitor and purchase a bond of caution.

If the will was signed and dated with the address and with the witnesses signature and address, then Section 8 of the Requirements of Writing (Scotland) Act 1995 allows an annexation to the will. One the basis of what you say the DIY will might comply with section 8.

The witness's purpose is to witness the signature, not to make judgements. 

I would make an appointment with the sheriff clerk at Paisley on the basis that the will complies with section 8 and that you have been inappropriately advised.

lighthev

Many thanks. I'll do that....on both accounts, seeing the sheriff clerk and using a solicitor to make my will!

lighthev

I was told I can't make an appointment as it a large estate and they can't give legal advice.

I live in Wales and am just up to do this, leaving tomorrow. I wonder about saying in the covering letter that the attached page is an annexation under the Requirements of Writing (Scotland) Act section 8. (It was section 2, of same act they quoted to me as making the attached page not valid.) and having another go at handing it in. Any thoughts?