C1 Confirmation in Scotland - Queries

AndyT001

Hi Folks,

I was hoping that someone could offer some advice before I submit the C1 form. I have a couple of queries. I'm fairly happy with content but wanted to confirm a few points. I am the executor nominate. The total is way under the inheritance tax bracket and is classed as a large estate.

Four main items in the estate, house, two garages and a bank account. I have also listed contents and belongings.

1. I realise that I have to submit the Will and original copy of the Death Certificate, is there anything else I need to submit and how do I docquet the Will? Do I need to submit a bank account statement? The bank already transferred funds to a holding account, do I need to list the account that the funds have moved to?

2. The two garages are not physically attached to the house (across the street). I have listed these alongside a value and land register ID. Do I need to supply the land register docs when I submit the documents to the court?

Any ideas of a rough cost to this?

Anything else worth mentioning?

Many thanks in advance.

buddy9

Submitting the Will and original Death Certificate

Worth looking at this page and SCTS website

https://forums.moneysavingexpert.com/discussion/4965475/grant-of-confirmation/p86

docquet the Will example

https://forums.moneysavingexpert.com/discussion/4965475/grant-of-confirmation/p59

Bank account statement not submitted.

If bank has released funds no need to list holding account. Only list the deceased’s accounts as at date of death

Land register documents not submitted

AndyT001

Thanks for that, I will take a look through. Much appreciated.

AndyT001

Hi folks,

Received my documents back from the court this morning, all in order except for a signature from my late mother missing from page 2. All others are signed and witnesses have also signed a declaration at the end. 

Not sure how she has missed it but she has.

The will listed my brother and I to have a 50/50 split of all monies and the one single house.

What are my options?

Do I speak to the court to have the will validated and how do I do this.

Or

Given my brother and I are the only survivors and the estate would split anyway, how do I progress?

We are looking to sell the house but can't until I sort the estate?

Any help or guidance appreciated.

Many thanks.

buddy9

What is the date of the will?  Witnesses (plural) suggests that the will is prior to August 1995.

AndyT001

Hi Buddy,

Will was signed 2019.

I was also thinking, my father left the exact same will, he passed 3 years ago. I believe the property is in both my mother and fathers names.

Could I seek confirmation via him, if his is fully signed?

Many thanks.

buddy9

In the land register, how do the title deeds show the house ownership? (Proprietorship section)

AndyT001

Hi,

It shows both my mother and father in the proprietorship section.

Do I just augment the c1 form pointing to my father instead? With death certificate etc.

Anything else worth noting?

Thanks again, your help is appreciated.

buddy9

It won't be so simple.

In the title ownership are there words of survivorship (a special destination).

https://www.ros.gov.uk/information-for-public-customers/land-and-property/co-own-property-with-someone-who-died

AndyT001

xxx TAYLOR and xxx TAYLOR spouses, xxx Road, Cumbernauld, Glasgow, G67 xxx equally between them and the survivor of them.

I have removed some details. i.e. xxx

Many thanks.

buddy9

That's a special destination. So if the special destination was still in place and had not been ‘evacuated’ (undone) the house passed to mother automatically on father’s death.

Given that the house was owned by mother, it should be listed in the inventory of her estate. Confirmation for mother estate is necessary to allow conveyancing.

The Confirmation application has been rejected because the will is unsigned on one of the pages - an informality of execution. The way to resolve this is to ‘set up’ the will to make it self-proving.

Below is an example of an application that you would need to submit with the Confirmation. Obviously it needs changed to reflect your relevant details. You should phone the commissary at the court to discuss what you might also need to submit to support this.