C1 Confirmation Scotland - rejected Form C1 advice sought

motherwellshot

This was submitted to the Sheriff Court but rejected. A codicil was completed in 2019 adding a Trustee company as additional executor, however they are dissolved and no longer trading. The court advised we needed a signed statement from a solicitor who was working at the practice. We believe this must be incorrect. Do we need a specific wording that declines them as acting as executors (they cannot as they are dissolved as a company)? Any help would be greatly appreciated.

This is the Section 2 wording that was used in submission:

along with xxxxxxxxx of xxxxxxxx, xxxxxx the executor nominate of the deceased conform to the will dated xxnd xxxxxxx 2012 which is produced herewith, docquetted and signed by me as relative hereto and that myself and the said xxxxxxxxxxxxxxx are both sons of the deceased. xxxxxxxxx Limited were nominated as additional executors by codicil dated xxth xxxxx 2019, no longer trading.

Cairnpapple

If the trustee firm happens to be McClure, there is a very useful Facebook group called 'Victims of McClures solicitors' which has a lot of advice on all McClure related issues.

motherwellshot

Thankfully it isn't McClures, though I've read an awful lot on them and it's pretty shocking how they acted.

Reed_Richards

Would the Companies House website https://find-and-update.company-information.service.gov.uk/ provide authoritative information that the company has ceased trading? Would the Sheriff accept an affidavit from you to the effect that the company was dissolved?

buddy9

https://forums.moneysavingexpert.com/discussion/6679373/c1-confirmation-scotland-rejected-form-c1-advice-sought

If the original will nominated two sons as executors it seems to me odd that a codicil would then appoint solicitors as ‘equal status’ co-executors.

This seems to be the third separate case that you have asked for guidance on. Have you a personal involvement with this one?

motherwellshot

It's a genuine question for a friend I share an office with. As I completed one for my own father some time ago, I seem to be the 'man in the pub' for close friends to ask about Confirmation as I went through it myself. I show them my completed C1 from a few years back, although I know quite a bit of the background info, I'm no expert (as anyone could tell!).

buddy9

Courts have issued Confirmation in similar situations on the strength of a statement in the declaration that the solicitor’s company has been dissolved. As Reed_Richards has exampled, evidencing that a company is dissolved should be easily established. The court asking for a signed statement seems like an impractical over reaction. 

Below is a suggested amendment to the para 2 entry but if you have not seen the will and/or codicil you might be cautious that the situation is actually as described to you. 

That I am

along with xxxxxxxxx of xxxxxxxx, xxxxxx the executor nominate of the deceased conform to the will dated xx xxxxxxx 2012 and the codicil thereto dated xx xxxxx 2019 which are both produced herewith, signed and docquetted as relative hereto and that myself and the said xxxxxx xxxxxxxxx are sons of the deceased. 

In said codicil, [insert company detail as shown in codicil] is also appointed executor nominate but the said [insert company name] was dissolved in 20xx.