Probate/Confirmation in Scotland - DIY for straightforward estate

GoRay

Hi all, 
Appreciate any guidance. My dad died last month and this is all new to us. 

My dad left a will and the estate consists of 50% of my mum and dad's home plus his ISA. My mum will remain at home. 

I believe there is only one form to complete now - C1 form to Sheriff Court with £270 fee.
Once we have confirmation there is one more form and fee to the registers of Scotland (land reg application form and fee of approx £100-200) as my dad's will has a liferent clause where my mum will continue to live there but his children are trustees of his 50% of the property. 

There's no need for IHT form as assets are under the inheritance tax threshold. 

My mum was overwhelmed when she was told she would need confirmation to transfer my dad's ISA and went to a solicitor for help. He has quoted a 1-3% of my dad's total assets - half of the house and their life saving's in my dad's ISA. He said it involves a significant amount of work and has said there could be other outlays but hasn't given any clarification on what they could be. 

Am I missing something as to why this would be significant work? All I can find from research is the C1 form that will cover the confirmation reqd for both the ISA and the property and then the land register application at a later date. 

Thanks for any help. I want to do this for my mum but would hate to trip up and cause her further grief. 

kipperman

I was in a similar position and whilst understanding the terminology initially sounds complicated it isn’t really ! If you do your research on this subforum and then ask for help when you are stuck you will find a lot of support here. We had our C1 accepted first time and I’d very much encourage the DIY approach as long as you are happy to do the leg work.

Savvy_Sue

GoRay said:

My mum was overwhelmed when she was told she would need confirmation to transfer my dad's ISA and went to a solicitor for help. He has quoted a 1-3% of my dad's total assets - half of the house and their life saving's in my dad's ISA. He said it involves a significant amount of work and has said there could be other outlays but hasn't given any clarification on what they could be. 

Well, he would say that, wouldn't he?

Honestly, it sounds as if you could deal with this yourselves, there's plenty of help here (with a special shout-out to @buddy9). If Mum is overwhelmed, there's nothing to stop you doing the work and getting her to sign the forms. Is she executor (or whatever the term is for Confirmation)?

buddy9

The court fee for confirmation is £341 (if the estate for confirmation is over £50,000 and up to £250,000) or £684 (for an estate exceeding £250,000).

Confirmation will be necessary, as you say, for the house share and the ISA, but the inventory should list the whole estate.

While confirmation can be applied for by the executor, it would be normal for a solicitor to undertake any post-confirmation completion of title etc.

For IHT purposes a liferent trust is an IPDI (immediate post death interest) and there is likely a requirement to register the trust with HMRC within 2 years. 

If the executor is intending to apply for confirmation, it might be prudent to check the house title on the land register to confirm that the house was owned jointly in pro indiviso shares without a survivorship clause, or that any survivorship (special destination) has been ‘evacuated’ (terminated). It is not unknown for wills to contain an unenforceable liferent provision in error due to there being survivorship provision in the house title.