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  • FIRST POST
    NiceD
    Grant of Confirmation
    • #1
    • 7th May 14, 8:16 PM
    Grant of Confirmation 7th May 14 at 8:16 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, 9:14 PM
    • 9,255 Posts
    • 11,088 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, 9:47 AM
    • 178 Posts
    • 120 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, 12:36 PM
    • 14 Posts
    • 0 Thanks
    dekd
    Thank you TcpnT
    • fee1966
    • By fee1966 13th Jan 19, 1:37 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, 2:06 PM
    • 25 Posts
    • 10 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, 7:13 PM
    • 9,255 Posts
    • 11,088 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, 10:50 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.
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