Confirmation

taexali

Hi buddy9

Thanks for your help and sorry for the delay in getting back to you.

We have had interesting conversations with my parents solicitors.  They drew up the deeds late 2002 without a survivorship clause.  The owner of the firm has said that this was unusual in 2002 but they no longer have the notes.  They drew up my mum's will about 5 weeks after my dad's death.  My mum was unaware she needed confirmation.  I feel that they should have advised her of this when drawing up the will.  They no longer have the notes.

They have agreed to do my dad's confirmation at no cost to us, including court fees.

We would like to do my mum's confirmation ourselves.  I have some questions which I hope you could answer for us.

Can we do my mum's confirmation now or do we have to wait until my dad's has been done?

I notice you have advised others previously on MSE about completing the C1 form.  If I was to post what I propose to submit would you check it for me please?

buddy9

The sequence needs to be as stated in my previous post.

First: apply for Confirmation to mum’s estate

Then: once this Confirmation is issued, apply to be appointed executors dative for dad's estate

Then once appointed: apply for Confirmation to dad’s estate.

Happy to comment on draft C1.

taexali

Here is the form buddy9

buddy9

I will give you some comments and suggested changes.

Meanwhile, are the current names and addresses of the executors the same as stated in the will?

Is mum’s name and last address the same as stated in the will?

RAS

£10k is a lot for house contents?

sheramber

Second hand furniture has little value. 

£10k is too high unless she has valuable antiques. 

taexali

I am aware £10k is too high.  I just put it in for buddy9 to comment on whether it was OK to list it as one lump sum.

My name is the same but my address has changed.  My sister's name and address have both changed.  Mum's name and address are still the same.

buddy9

Comments on the C1.

Page 1

Box 5 Retired - include also last occupation

Page 2.

Para 1 - 2nd box should read:

The Sheriffdom of Grampian, Highland and Islands in Scotland

Para 2 - a suggested entry might be: 

That I am

along with [enter sister’s full name] of [enter sister’s address] the executor-nominate of the deceased conform to her will dated 11 August 2003 which is exhibited herewith, signed and docquetted as relative hereto. I am the son of the deceased and the said [enter sister’s full name] is the daughter of the deceased. In said will I am designed as residing at [enter will address] a former address and the said [enter sister’s full name] is named [enter name as in will] and is designed as residing at [enter will address] a former address.

Para 3. In the box only your sister's name is needed, no address entered.

Page 3.

Suggestion as screenshot below

The house description example assumes  a house is registered in the land register, rather than in the General Register of Sasines.

Given the estate is well away from IHT threshold, you may wish to select a generous but justifiable house value to avoid any concerns about capital gains tax if being sold.

I have made some assumptions about what the solicitor might include in dad’s confirmation, given the long timescale here. 

I have assumed that you have access to the cash account and a fuller description is not necessary in the inventory. It is acceptable to list the building society entry under moveable estate in Scotland if it is a Scottish branch based account or the Building Society is registered in Scotland. Otherwise it might need to be listed under personal estate in England and Wales and the inventory amended accordingly.

Page 4.

For boxes 13 and 14, suggest you use a zero.

Box 17. Looks like the wrong box is ticked. Should ‘widowed’ be ticked?

Include NI number

............................................

taexali

Thanks buddy9, this is a great response and a huge help to us.  What do we need to do as far as my address and my sister's name and address being different to the will?  My sister's name is different due to her getting married.

buddy9

they are referenced in the rewrite of para 2 of page 2 above.