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Confirmation In Scotland - Time Limit?

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  • TCA
    TCA Posts: 1,604 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I'm maybe misunderstanding and over-complicating this.

    My reading of the wording of the deeds (as noted a few posts ago) is that the disposition is in actually in favour of the Co-operative Permanent Building Society, albeit with the consent of my dad.

    If I include my dad as the grantee, that would seem contrary to what the deeds say. If I include CPBS as the grantee, that might raise questions?    
  • buddy9
    buddy9 Posts: 827 Forumite
    Fourth Anniversary 500 Posts Name Dropper Photogenic

    I see your point.

    There were ways of describing standard securities in the GRS. By disponing the property (in this case to CPBS) is not one I am familiar with. Though it is not a subject that I have great depth on.


  • TCA
    TCA Posts: 1,604 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Yes, hence my thinking to mention the disposition without the grantee. If you think that would appear odd, do you think I would get away without mentioning either granter or grantee:  

    "Being the subjects described in the disposition dated xxxx 1965 and recorded in the General Register of Sasines (County of Stirling) on xxxx 1965"

    Or remove the mention of the disposition entirely:

    "Being the subjects described in the General Register of Sasines (County of Stirling) as recorded on xxxx 1965"
  • buddy9
    buddy9 Posts: 827 Forumite
    Fourth Anniversary 500 Posts Name Dropper Photogenic
    TCA said:
    Yes, hence my thinking to mention the disposition without the grantee. If you think that would appear odd, do you think I would get away without mentioning either granter or grantee:  

    "Being the subjects described in the disposition dated xxxx 1965 and recorded in the General Register of Sasines (County of Stirling) on xxxx 1965"

    Or remove the mention of the disposition entirely:

    "Being the subjects described in the General Register of Sasines (County of Stirling) as recorded on xxxx 1965"
    I don't think that I can advise.
  • TCA
    TCA Posts: 1,604 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    buddy9 said:

    I don't think that I can advise.
    Ok, thanks. Rather than guess I might go with just the property address, which was accepted in the previous application I submitted for my aunt at the same sheriff court, albeit a few years ago.

    If they don't check title deeds, then given the property will be noted on the forms as my dad's address, his place of death and my mum's address as executor dative, then I'd have thought it's not too much of a stretch to believe dad owned it and any other detail is largely superfluous.

    If the C1 needed minor amendments, would they just get in touch and allow you to make the changes? As opposed to a flat refusal and you having to pay another application fee.
  • buddy9
    buddy9 Posts: 827 Forumite
    Fourth Anniversary 500 Posts Name Dropper Photogenic
    There is no financial penalty for a refusal - application fee is taken on approval. 
  • TCA
    TCA Posts: 1,604 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 19 May at 5:54PM
    buddy9 said:
    There is no financial penalty for a refusal - application fee is taken on approval. 
    Thanks, that's good to know. That was certainly the case with the executor dative application. I interpreted below as meaning it was an upfront payment for this kind of application:

    https://scotcourts.gov.uk/taking-action/dealing-with-a-deceaseds-estate-in-scotland/large-estates/

    Additional administrative requirements when lodging application with the court

    • the court fee

  • buddy9
    buddy9 Posts: 827 Forumite
    Fourth Anniversary 500 Posts Name Dropper Photogenic
    If you leabe your phone number, you will be contacted for card payment when approved.
  • TCA
    TCA Posts: 1,604 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    buddy9 said:
    If you leabe your phone number, you will be contacted for card payment when approved.
    Thanks. That's what happened with the executor dative application, so makes sense.

    With regards to identification docs, any idea if you need photo I.D? That webpage above states 2 docs (3 if by post or not attending in person) but it doesn't specifically say one from each section.

    Mum doesn't have a valid passport and stopped driving a couple of months ago, so returned her photo licence to the DVLA.
  • Savvy_Sue
    Savvy_Sue Posts: 47,332 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    TCA said:

    With regards to identification docs, any idea if you need photo I.D? That webpage above states 2 docs (3 if by post or not attending in person) but it doesn't specifically say one from each section.

    Mum doesn't have a valid passport and stopped driving a couple of months ago, so returned her photo licence to the DVLA.
    No idea, but does she have a bus pass? Mine has my photo on.
    Signature removed for peace of mind
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