C1 Confirmation Form Help - Please

gingercat25

I’m looking for some help. My father recently passed and had a will. In the will he named my mum (pre-deceased), me and my sister as executors. My sister lives abroad and had not taken anything to do with any of this. I do not know how to fill out her address (unknown) and what to say in box 2 and 3. 

Box 2 (currently) 

executor nominate and daughter of the deceased and shall conform to the will of the deceased dated 20th October 2000 which is produced herewith, docquetted and signed by me as relative hereto. 

In said will, Superwoman, is also appointed executor nominate but pre-deceased the deceased. 

Box 3 I have mentioned the other living executor 

daisy jones, other daughter of the deceased. 

Will this be okay? Do I need something from the other person named as executor or can I apply for confirmation without?

I’d also like to check whether the docqutte has to be handwritten? I have typed it out but left space to handwrite the date of the will/place it was signed and signature

buddy9

If your sister will not be involved with the estate, then if she supplies you with a letter of declinature, you can apply as sole executor. If she will not decline, and you apply as co -executors, this might be problematic if consequently there is a need for both executors to sign documents. 

If applying as co-executors, you would need your sister’s current address.

The para 2 entry will need some changes. Perhaps you could advise if you will be proceeding with a declinature or otherwise.

gingercat25

Thank you @buddy9 I will make contact with her and likely update this thread when I know more. I know you are the go to person on this subject (I’ve read lots of threads!) so thanks in advance 

gingercat25

buddy9 said:

If your sister will not be involved with the estate, then if she supplies you with a letter of declinature, you can apply as sole executor. If she will not decline, and you apply as co -executors, this might be problematic if consequently there is a need for both executors to sign documents. 

If applying as co-executors, you would need your sister’s current address.

The para 2 entry will need some changes. Perhaps you could advise if you will be proceeding with a declinature or otherwise.

My sister has said she will be co-executor and will use a lawyer in her country to sign documents in front of. I personally think this will make everything more difficult but can understand why she wants to do it. 

With that in mind, will boxes 2 and 3 need more information? I think in box 2 I will need to reference the different address from the will to my sister abroad. 

buddy9

The para 2 declaration might look like below.

That I am 

along with [sister’s full name and address] the executor nominate of the deceased conform to his will dated 20th October 2000 which is produced herewith, docquetted and signed by me as relative hereto and that myself and the said [sister’s full name] are daughters of the deceased. [Mum’s name as in will] who was also appointed executor in said will, predeceased the deceased. In said will the said [sister’s full name] is designed as residing at [will address] a previous address.

…………………

This assumes that all three had equal status as executors in the will and that there are no other name or address differences in the will that need to be referenced.

Both executor details are entered in box 10 - and names only in para 3 of page 2.

gingercat25

@buddy9 as always, thank you. 

Can I ask, when filling out the inventory for heritable estate, do you have to include the title number? 

The title deeds are over 100 years old and don’t have it on the cover. I’ve searched the land registry and (of course!) the home is missing - although on the map! If I have to apply for it and pay the £60 I will but ideally I won’t have to do that as it can take up to 30 days. 

buddy9

Heritable property not on the land register of Scotland will not have a title number.

It is common to describe heritable property which is still registered on the General Register of Sasines by means of the disposition that relates to the deceased owner. Such as:

               Dwelling house, 33 Old Street, xxxxxxxxxxxxxxxx

               Being the subjects described in the disposition granted by A.B. in favour of C.D., dated [insert date] and                     recorded in [specify Register of Sasines and give date of recording]

Documents that are over 100 years old will not relate to current ownership. 

It is not uncommon for persons to misunderstand or be wrong about property ownership status. Are you certain that your father solely owned the property?

gingercat25

@buddy9 perfect! Thank you. I have documents with the register of Sasines stamps and the front cover of the document has the wording you have suggested. 

My parents kept everything. When they bought the house (in the 70s) it appears they were given papers from the 70 years beforehand as well. I do not recognise the names but I do have a disposition from when they purchased it. 

buddy9

In the inventory, do not put item numbers against headings or nil entries or the summary entries. The totals in the summary should only show in the 2nd column and not be repeated in the 4th column.

You have documentation that shows the house ownership passing to grandparents. What do you have that shows that ownership passed to your father? If nothing, perhaps you need to do a search with Registers of Scotland to establish ownership.