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  • FIRST POST
    NiceD
    Grant of Confirmation
    • #1
    • 7th May 14, 7:16 PM
    Grant of Confirmation 7th May 14 at 7:16 PM
    Hi, Iím trying to fill in the form for Grant of Confirmation for my dadís estate (C1). Iím trying to do this on my own without a solicitor. I think I understand the main issues, it should be such a simple situation, but what exactly to put on the form is driving me crazy . Would be grateful if anyone could help.

    Background: There is a will that was made with English solicitors, although my dad was domiciled in Scotland when he died. The main wording of the will is on one sheet but there is a cover sheet that has been attached to it by the solicitors which hasnít been signed. My mum was named as executor but she died sometime before my dad and there is a clause in the will that says I will be executor if my mum has already died when my dad dies. Likewise, I am now sole beneficiary of the entire estate. The value of the house is about £100,000 (I have had this professionally valued) and the value of bank accounts about £5000, so there should be no inheritance tax issues.

    The first problem is the wording to put in paragraph 2 of ďthe DeclarationĒ on page 2. The following is what I was thinking of putting:

    That I am [MY NAME], daughter and executrix nominate of the late [FATHERíS NAME] conform to the will of the deceased who resided at [FATHERíS ADDRESS], dated [DATE OF WILL] which is produced herewith, docquetted and signed by me as relative hereto. The wife of the deceased, [MOTHERíS NAME], is nominated as executrix in the will relative hereto, but she died on [DATE MOTHER DIED].
    I am particularly worried about whether I need to make some reference to the fact that I am in some sense a ďsubstituteĒ executor, and that mum would have been sole executor if she hadnít died (I found some wording for this for when Confirmation has already been granted and the appointed executor dies before carrying out their duties, but mine is a different situation where the substitution is in the will only.) Because the wording I put above could equally apply to a will where say, my mum and me had been named as joint executors from the start. In either case it should be clear I am now entitled to be the sole executor, but just donít know whether you have to deal with the distinction for the purposes of the archaic wording of Confirmation!

    There are more questions I have unfortunately will try and post them soon!
Page 3
    • Owain Moneysaver
    • By Owain Moneysaver 10th Oct 18, 8:14 PM
    • 9,863 Posts
    • 12,182 Thanks
    Owain Moneysaver
    some historical Inventories for Confirmation that I've seen on the Historic Scotland website really do list every last item down to the frying pan!
    Originally posted by NiceD
    Back in ye olden days a frying pan was an expensive item. Many homes would only have one or two items of iron cookware.
    A kind word lasts a minute, a skelped erse is sair for a day.
    • TcpnT
    • By TcpnT 11th Oct 18, 8:47 AM
    • 196 Posts
    • 128 Thanks
    TcpnT
    I'm unfortunately in North England with my later mother's Sheriffdom located in Central Scotland and taking the form to the court is not something I can do with ease.
    The returned/rejected application states:

    "There must be a place stated on the will re: docquet"

    Any pointers as to how to revise this would be really appreciated.
    Can't quite see that I state my home address or is it as simple as that? Just wondering if I need to be taking this to somewhere like a local court? Just seems odd to want and or accept a note to say in my dining room at home etc.

    Any further input to this point would be so much welcomed.
    Don't feel to bad resurrecting an older thread as it's helped me so much so far.
    I am currently dealing with my brother in law's estate. He lived in Aberdeen and Confirmation was granted by the Aberdeen sheriffs court. I and his wife have handled all the administration of the estate but we used an Aberdeen solicitor to actually complete and submit the confirmation application. I have a "Certified extract of confirmation" ie a certified copy which contains the submitted version of the C1 and the will as prepared by the solicitor.
    The docquetting was done by my sister in law (Joint Executor) at the solicitors office in Aberdeen. She also lives in Aberdeen.

    The exact wording of the docquet as dictated by the solicitor is: "At Aberdeen 31 July 2018. This is the will referred to in my declaration of this date relative to the inventory of the estate of the late XXX XXX XXX".

    If you need any more info about exactly what the solicitor entered on the C1 form feel free to PM me
    • dekd
    • By dekd 11th Oct 18, 11:36 AM
    • 14 Posts
    • 0 Thanks
    dekd
    Thank you TcpnT
    • fee1966
    • By fee1966 13th Jan 19, 12:37 PM
    • 1 Posts
    • 0 Thanks
    fee1966
    help
    i just noticed your post on this site
    i am just about to complete the c1 form for my mum estate
    how much description must you put in for the details of the property ?
    think i have the rest sorted but any help would be great
    thanks
    • johncr
    • By johncr 19th Feb 19, 1:06 PM
    • 28 Posts
    • 11 Thanks
    johncr
    I would also welcome any details on how to describe a property registered in the General Register of Sasines.
    Also, do you have to include details of ongoing income due from rents after the date of death ? The notes refer to "rents due to the deceased from property which was let but had not been paid at the date of death."
    • Owain Moneysaver
    • By Owain Moneysaver 19th Feb 19, 6:13 PM
    • 9,863 Posts
    • 12,182 Thanks
    Owain Moneysaver
    Also, do you have to include details of ongoing income due from rents after the date of death ? The notes refer to "rents due to the deceased from property which was let but had not been paid at the date of death."
    Originally posted by johncr
    That's specifically a debt due to the estate at the time of death.

    Ongoing rent due/received after death is handled in the estate accounts, not the probate accounts.
    A kind word lasts a minute, a skelped erse is sair for a day.
    • JanieSut
    • By JanieSut 14th Mar 19, 9:50 AM
    • 2 Posts
    • 1 Thanks
    JanieSut
    This is SO helpful! Thank you all.
    My dad died in December, my mum in February.

    I am trying to work out how to complete dad's forms (then, I have to do mum's no doubt). Do I half the value of the house and movable property? Everything was in joint names, including bank account and the estate is nowhere near Inheritance Tax limits.
    Advice gratefully received.
    • johncr
    • By johncr 8th May 19, 12:23 PM
    • 28 Posts
    • 11 Thanks
    johncr
    Success !
    Many thanks to everyone on this thread. I have just helped my daughter get confirmation for the estate of her grandfather, at Dundee Sheriff Court. Officials were quite helpful, pointed out a couple of required corrections, and even made a minor correction themselves. Time from handing in forms to Confirmation being granted was only 7 days.
    • ALawson
    • By ALawson 23rd May 19, 3:16 AM
    • 1 Posts
    • 0 Thanks
    ALawson
    Description of Property
    Hello, I was hoping you may be able to shed some light on how you went about doing the description of the property? did you have a conveyor come out or is there another way? any tips super appreciated! Thanks!
    • TcpnT
    • By TcpnT 23rd May 19, 6:15 AM
    • 196 Posts
    • 128 Thanks
    TcpnT
    If you PM me your email address I can send you anonymised copies of the application forms as completed by a solicitor in 2018. They may not cover your exact situation but the formatting and wording will be helpful. I have sent them to a couple of others further up the thread and they have found them useful.
    • Smoked
    • By Smoked 23rd May 19, 7:22 PM
    • 2 Posts
    • 0 Thanks
    Smoked
    Invaluable advice.
    Thank you NiceD. I appreciate that this is a few year old but this is by far and away the best advice I have found on completing C1 for Confirmation. We have been bounced twice from Jedburgh (i now understand with good cause). Your advice here has been helpful in getting us back on track. Thank you for sharing.
    • sheb
    • By sheb 26th May 19, 12:09 PM
    • 1 Posts
    • 0 Thanks
    sheb
    Thanks to one and all for the information in this thread. It seems to be so useful it has prompted me to register. Unfortunately, this means I have no idea how to use the software so please forgive...

    I have offered to assist my father's widow with this process but I fear I have bitten off more than I can chew if the forms have to be completed in a particular way.

    TcpnT, I would so appreciate sight of an example form but I have no idea how to 'PM you my email address'.
    • Gers
    • By Gers 26th May 19, 3:44 PM
    • 7,571 Posts
    • 51,467 Thanks
    Gers

    TcpnT, I would so appreciate sight of an example form but I have no idea how to 'PM you my email address'.
    Originally posted by sheb
    Click on TcpnT's name on the left hand side of the post and select 'send a PM'.
    • Jk523
    • By Jk523 7th Jun 19, 11:55 PM
    • 1 Posts
    • 0 Thanks
    Jk523
    Docquet
    Can I ask is the info for docquet written on a separate sheet and attached to the will of written on the will itself
    • JoeM65
    • By JoeM65 30th Jun 19, 8:58 PM
    • 1 Posts
    • 0 Thanks
    JoeM65
    Confirmation
    Hi TcpnT. I am new to MSE. I have been struggling to complete a Confirmation for my Mumís estate. This forum has given more information than every other place put together.

    If I PM you my email address would you be able to assist by sending the anonymised copies of the application forms?

    Thanks
    • TcpnT
    • By TcpnT 1st Jul 19, 9:56 PM
    • 196 Posts
    • 128 Thanks
    TcpnT
    No problem. Just PM me.
    • Bartok67
    • By Bartok67 21st Jul 19, 9:07 AM
    • 1 Posts
    • 0 Thanks
    Bartok67
    I know this is an old thread but the information it contains has been very helpful in me being successful in attaining confirmation from Paisley sheriff court. If I can be of assistance to anybody just ask.
    • Smoked
    • By Smoked 26th Jul 19, 2:55 PM
    • 2 Posts
    • 0 Thanks
    Smoked
    Hi all. Thought I would share a few lessons learned on getting Confirmation approved. Thank you to this forum and @TcpnT for your help in getting this through. I was bounced from Jedburgh a few times and called in a favour from a Lawyer friend for advice. For context this was an estate valued over £36k but with a Will where everything went to my Dad. - So I thought it would be simple!

    Key lessons learned:


    1. The Will declared my Uncle as the Executor and me as 'Whom failing'. Given my Uncle was still alive and able he was the only person that needed to be named on the form.



    2. The declaration (Question 2 on C1 form) we used:
    " the Executor-nominate and <your relationship to the deceased> of the said deceased conform to the Will dated and signed <date of Will> which is exhibited, docquetted and signed as relative herto; I confirm that I have never been married to or in a civil partnership with the said deceased."



    3. The Docket needs to be hand written by the executor directly onto the first page (not the cover sheet) of the original will. This needs to be signed, dated and the town stated where it was signed.

    The docket words were: "This is the original Will of the late <Name of deceased> dated <todays date> referred to by me in my declaration of even date in the Form C1"


    4. The Inventory:

    Item 1 needs to be the heritable estate (house). Words used: "Subjects at <address of house> being the subjects registered at the land registry of Scotland under title number <title number of the deeds (your solicitor can provide this - freely available to them on line)> on <date the deeds were registered>.
    Place the estimated full value of the house in the 'Price of shares column'.

    Next line: "Whereof the deceased's one half share" Place half the value (assuming equally owned) in the last column.


    Repeat for any other 'heritable estate and add a line to total the sum of the heritable estate; "Total Heritable estate in Scotland:" Place a sub total in the last column


    Next line: Moveable estate in Scotland;

    Next line: Item (2): "Household goods and personal effects value estimated by executrix on <date of death>"
    Place full value in 'Price of Shares' and then the "Whereof the deceased's one half share" statement Place half the value (assuming equally owned) in the last column.


    Final point on Inventory is list all the items in a logical order, include the name and town of the bank (or other financial institution) along with the account number. List the full value at the date of death in the price of shares and deceased one half share in the final column.

    Separate out and sub total all the different part of the estate across the geographies as guided by C5 instructions.
    • QK108575
    • By QK108575 16th Aug 19, 11:46 PM
    • 1 Posts
    • 0 Thanks
    QK108575
    If you PM me your email address I can send you anonymised copies of the application forms as completed by a solicitor in 2018. They may not cover your exact situation but the formatting and wording will be helpful. I have sent them to a couple of others further up the thread and they have found them useful.
    Originally posted by TcpnT

    Hi TcpnT, would it be possible for you to forward anonymised copies of the application forms that you submitted with your Grant of Confirmation.


    I'm currently trying to complete the application for my Dads estate and it is such a minefield therefore any assistance / previous examples of accepted application would be greatly appreciated.
    • TcpnT
    • By TcpnT 17th Aug 19, 8:10 AM
    • 196 Posts
    • 128 Thanks
    TcpnT
    Hi TcpnT, would it be possible for you to forward anonymised copies of the application forms that you submitted with your Grant of Confirmation.
    Sure. Just PM me your email address.
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