C1 form intestate

michael079

Hi, I'm filling out form C1 (2022) as my mum died without a will. But I've learned I need to provide a bond of caution with the application.

I'm also reading only solicitors can assist with this, which is something I wanted to avoid. I also hear Zurich allow without a solicitor but I'm having problems getting in touch with them. 

Does anyone know of any other insurance companies who can help without a solicitor?

Many thanks. 

George 

buddy9

I presume that you have already been appointed executor dative.

You could try https://www.lawsureinsurance.co.uk/our-products/wills-probate-insurance/bond-of-caution-scotland/

michael079

buddy9 said:

I presume that you have already been appointed executor dative.

You could try https://www.lawsureinsurance.co.uk/our-products/wills-probate-insurance/bond-of-caution-scotland/

No I've not been appointed executor dative. The court appoints that don't they? Or do I send c1 first then wait until I'm appointed then get the bond insurance? 

buddy9

For an intestate estate, an executor dative requires to be appointed before an application can be made for Confirmation. These are two separate actions. It is when applying for Confirmation that you would likely be asked for a Bond of Caution.

Application for appointment as executor dative is by way of submitting an initial writ to the court.

If the gross estate does not exceed £36,000, then there is a small estate procedure whereby court staff will complete the executor application and issue Confirmation in a single exercise. If the small estate procedure is used, a Bond of Caution is not needed.

I presume that your mother did not have a surviving spouse.

michael079

buddy9 said:

For an intestate estate, an executor dative requires to be appointed before an application can be made for Confirmation. These are two separate actions. It is when applying for Confirmation that you would likely be asked for a Bond of Caution.

Application for appointment as executor dative is by way of submitting an initial writ to the court.

If the gross estate does not exceed £36,000, then there is a small estate procedure whereby court staff will complete the executor application and issue Confirmation in a single exercise. If the small estate procedure is used, a Bond of Caution is not needed.

I presume that your mother did not have a surviving spouse.

Thankyou. I'd gone into the court in Edinburgh and was told this by a very helpful person on the counter who also gave me a copy of a writ and told me how to fill it out. No my mother didnt have a spouse. 

Only problem I have now is trying to find the divorce date and extract number of my mum and dad's divorce. Seems almost impossible, it was a court in Kent but no tel numbers are being answered. Apparently births marriages and deaths dont provide that information and the Bury St Edmunds service only have archives from 2015 onwards. This was about 1992 so need to contact the court it was likely dealt with. Hopefully they respond to my email. 

If you know of any other quick ways to get that information please do share it would be much appreciated 

RAS

I got a divorce certificate for a cousin for late 60s from the national centre. £65 for a search 10 years either side of the suggested date. We weren't sure which court handled the case as both parties moved several times. Took about 6 weeks and was only two or three lines, date, place and status.