C1 Confirmation - English will

Pandamom

Hi all, I got a lot of help here filling in the C1 for my mum but it's been rejected. It is an English will - I got a letter confirming it is valid from and English solicitor and he stamped the title page of the will where it has mum's name, but should this be on the actual first page where the writing starts and should he have used particular wording? I feel like I am looking for a needle in a haystack.

poseidon1

Pandamom said:

Hi all, I got a lot of help here filling in the C1 for my mum but it's been rejected. It is an English will - I got a letter confirming it is valid from and English solicitor and he stamped the title page of the will where it has mum's name, but should this be on the actual first page where the writing starts and should he have used particular wording? I feel like I am looking for a needle in a haystack.

Apparently there are circumstances where a valid will drawn up under English Law can nonetheless be invalid under Scottish Law.

On the assumption your mother did not approach a Scottish solicitor to review the validity of her English Will at any time pre death, have you approached a Scottish lawyer to confirm the Scottish jurisdiction accepts the will as a valid disposition under Scottish law? See blog below -

https://www.mckinstry.co.uk/why-an-english-will-may-not-be-valid-in-scotland#:~:text=Other wise your original Will,how you may have wished.

buddy9

Pandamom said:

Hi all, I got a lot of help here filling in the C1 for my mum but it's been rejected. It is an English will - I got a letter confirming it is valid from and English solicitor and he stamped the title page of the will where it has mum's name, but should this be on the actual first page where the writing starts and should he have used particular wording? I feel like I am looking for a needle in a haystack.

Did the solicitor use the “form of opinion” style shown in the link to your previous post?

Did the solicitor docquet and sign the will additional to, and in a style similar to the executor’s docquet, rather than just stamping?

Docquetting a cover sheet rather than the will may well be a reason for rejection. Did the court not explain the problem?

sheramber

When we lived in England but had our wills drawn up in Scotland the ( Scottish) solicitor stated in the wills that we considered Scotland our domicile and our wills were made under Scot’s law.