Confirmation In Scotland - Time Limit?

TCA

Thanks @buddy9. That example docket is pretty much what I put together based on a link I was given to the schedule you noted:

https://www.legislation.gov.uk/ukpga/1964/41/schedule/1

Although my version has the beneficiary in the third person as I didn't use the words "myself" and "my", so will change that. 

Seeing as I have an individual certificate for the property, I didn't bother with the number reference, saying only instead "dwelling house at (address) as specified in the said certificate of confirmation". Although now I look at it, they've just copied and pasted the entry from my C1 form, so the number reference is there. So maybe I should include? 

I also have "signature of executor" and "name of executor" instead of only "signature of (name)". Don't suppose it matters too much?

So there's no need to register this docket anywhere? As for the discharge deed, I can just hold onto it until such times as the property is sold?

Also, the lender said they'd return the original title deeds on receipt of a copy of the confirmation and I presume this would close the mortgage account. I'm thinking however that if the discharge deed was lost further down the line, then that could make it more difficult to get a replacement. I can't see any real use for the deeds right now, so tempted to leave them where they are.

TCA

Now that the dust has settled, a belated thanks for all the help given in this thread, with a massive shout-out to @buddy9 in particular for some invaluable assistance on everything from the dative petition onwards. Thank you @buddy9. Hopefully this thread can help others navigate the process in the future.     

Cdaly242

hoping it is okay to jump on this with some queries! I find all the legal jargon and info online often railing back to English law very confusing.

My partners gran recently passed away. Grandad had already died some years ago and the house transferred to gran, owned outright. When gran then passed, the will split the property between the 3 brothers and appointed one as executor. She also had vast savings in her bank. Not long after (and before any of grans estate was settled or distributed), my partners dad has passed away. We used the tell us once service which asked if we had confirmation, we said no. We are unsure if we need to get this as he had no assets or savings other than a small pension (under £15k expected) and died intestate. He was one of the beneficiaries from gran passing (her son) and so savings and property (larger than value of small estate) are due to him but this was not resolved before his death, and still is not 6 weeks on from his death and we are told it will not be resolved for some time.

Does the potential value of his estate get declared in confirmation (I.e. 1/3rd share of property and savings) even though we do not know what the value of these will be?

Is this too complex and we should employ a solicitor (and when would we be expected to do this).

Thanks for any help.

buddy9

I assume that gran became the owner of the whole house by survivorship in the title or by Confirmation and transfer by grandad’s executor. This would be an issue for gran’s executor to be certain about.

Your partner’s father did indeed have assets when he died. He had entitlement to his legacy from gran’s estate. You mention a share of the house but do not indicate value nor how the ‘vast savings’ are to be shared.

Is Confirmation necessary? Very possibly. If there is a solicitor involved in administering gran’s estate I would expect that the money due to your partner’s father would only be passed to your partner's father's confirmed executor - and on production of Confirmation which showed the legacies entitlement.

Dependent on what gran’s will says, your partner’s father may have had ‘legal rights’ decision(s) to make. If so, such decisions could sit with his executor.

Your partner would only inherit his father’s whole estate if he was the only child and father had no surviving spouse or civil partner. (There can also be a complication if father was cohabiting).

The intestate process to obtain confirmation (other than for a small estate) is to apply to the court to be appointed executor-dative, then once appointed to apply for Confirmation. In such a case the legacy entitlement (and approx value) would be entered in the inventory. A Bond of Caution would be needed with the Confirmation application - which in itself adds its own issues.