C1 form completion help

buddy9

https://forums.moneysavingexpert.com/discussion/comment/81963899#Comment_81963899

If there is no will then you are not at present the executor.

If a Grant of Confirmation is needed to access the estate, then the first process is for one (or more) eligible person to apply to the court to be appointed executor-dative. Once appointed, the executor dative can then apply for Confirmation.

What is your relationship with the deceased? Did the deceased leave a surviving spouse?

Alwaysgrateful123

Hi @buddy9

I am glad that I asked this. I have read up and thought I just had to complete the C1 form. I am trying to do this myself as trying to keep away from a solicitor, and there is no property involved in the estate, just monies in the bank, there is no will :(

I am the surviving sister of my late brother. His wife passed 4 years ago and he has no children. Both our parents have passed. Surviving family is myself, my brother and my sister.

What form do I firstly need to fill out to be appointed executor-dative?

Alwaysgrateful123

@buddy9, this is the information I got when searching online - therefore should I continue to fill in C1 form?

2️⃣ How executor‑dative appointment works (important)

If there is no will, you become executor‑dative by:

1. Completing Form C1
2. Declaring your entitlement (e.g. spouse, child, next of kin)
3. Lodging the form with the Sheriff Court where the deceased lived
4. Supplying:
   • Full death certificate
   • Bond of Caution (unless exempt)
5. Paying the court fee (if applicable)

The court appointment happens within the Confirmation process — there is no separate appointment form.

buddy9

There is no form as such, but a set style for a petition (initial writ). The petition process itself is straightforward. The fee is £23.

If you then need to apply for Confirmation, the court is likely to require a Bond of Caution (pronounced ‘kayshun’) with the Confirmation application. There are only a few companies who supply a Bond of Caution.  So far as I am aware there is only one provider that does not insist on solicitor involvement - and then only for an estate limit of £250k.

Do you definitely need a Grant of Confirmation?

There is a simpler small estate procedure for intestate estates which are no more than £36k in value. Is the estate under this limit?

buddy9

https://forums.moneysavingexpert.com/discussion/comment/81963979#Comment_81963979

You need to ignore this rubbish.

Alwaysgrateful123

@buddy9 , yes we do, the funds to date are just under £90K.

Can you support with set style for a petition (initial writ).

I am aware of the Bond of Caution. Struggling to find an insurance company at the moment though.

Alwaysgrateful123

@buddy9 remembering that English law is different from Scottish law. I am Scottish Law

buddy9

The screenshot is an example layout for a single applicant.

You would need to substitute all the relevant details of the situation and locations and check that the content is an accurate description.

The content assumes that all siblings are of the ‘full blood’ and also assumes that there are no predeceased siblings who left children. 

……………………………….

Regarding Caution https://www.lawsureinsurance.co.uk/our-products/wills-probate-insurance/bond-of-caution-scotland/

Caution is not needed until Confirmation is applied for.