C1 form for someone with no experience. No will was left and I am not legally related to the person

EnigmaticOne

This is quite complicated.  Someone who was in my life since I was about 4 years old and was a carer for my auntie and then was also looking after me as a guardian (through social work) at the same time and for a few years after.  He’s basically been my dad my whole younger life but we are not related.  He didn’t have any other family members in his life and when my auntie passed in 2005 he’s only had me since.  I was aware of all documents I had to collect once he passed and was the only person made aware of such documents.  I’ve spoken to all the correct places ie registered the death, planned the funeral, had the funeral (only I attended sadly) and spoken to the bank for a copy of the balance at the time of death as they require me to get confirmation.  The part I am confused on is how do I explain this properly in part 2 paragraph 2 “That I Am…”    There was no will left and it’s a small estate with zero property (council took it back) and only 1 bank account and a life insurance policy.  

mebu60

'That I am the Administrator of the Estate' would be my suggestion. 

Sorry to hear of your loss. 

EnigmaticOne

Thank you for the reply.   I’ve noticed this seems to be a rare situation I am in

buddy9

Where there is no will, confirmation can only be issued where an executor dative is appointed. Unfortunately, because you are not related, then you will not be able to be appointed executor dative and cannot apply for confirmation.

EnigmaticOne

I didn’t know that.  There is nobody else who can do all this.  So I just have to let it go and it all goes to the state?  Is there no point in even applying to the court? 

buddy9

If there are no known relatives the estate would be administered by the National Ultimus Haeres Unit.

You might wish to have an informal chat with someone there.

https://www.kltr.gov.uk/ultimus-haeres/national-ultimus-haeres-unit/

madbadrob

buddy9 said:

Where there is no will, confirmation can only be issued where an executor dative is appointed. Unfortunately, because you are not related, then you will not be able to be appointed executor dative and cannot apply for confirmation.

Whilst technically true its not 100 percent that black and white.  Id get some legal advice as a matter of urgency.

A few years ago there was an estate of an Intestate reported on the program Heir Hunters of a youg man whose biological father had died in Hull.  The young man had at a young age been adopted by his step father which meant he was not entitled to anything from his biological fathers estate.  He showed to the probate court that for a good number of years he had been having a meaningful relationship with his biological father and like your case he had been told who was to get what etc from the dads estate.  However before he could do anything the estate had been passed to the treasury solicitor.  The man was able to succeed in his claim because he could demonstrate a relationship with his biological father and could be considered a "child of the family" under the Inheritance Act. This may be the case for you.

There was a second one I know of but the reasoning behind that one is different to this.  

Rob

buddy9

madbadrob said:

  The man was able to succeed in his claim because he could demonstrate a relationship with his biological father and could be considered a "child of the family" under the Inheritance Act. This may be the case for you.

Does the Inheritance Act extend to Scotland?