Unclaimed Estate and Deed Poll

[nxy059]

Hello,

I'm wondering if anyone can help answer a question re an unclaimed estate in Scotland?

I have recently become aware that my Aunt has died in Glasgow and her estate had been passed to the KLTR as unclaimed. She fell out with my Dad in the 90s and I never saw her again. I have claimed the estate and have all the certificates they have outlined I need to be named the executor dative.

The problem that has come to light is that my Aunt changed her name (in England) by Deed Poll in 1984. I have the certificate that shows this. However, upon searching the Land Registry I have discovered she purchased a property in Scotland (for cash) in 1994 under her original name - I have no idea why??

How will I prove to the Land Registry that the property was my Aunt's (she died at this address) when the death certificate is in her new/altered name and the Deed Poll shows she changed this before she purchased the house??

Many thanks for any advice you can provide.

[des8]

tagging ScottishSolicitor for you

[sederunt]

Have you already been decerned executor dative?

[nxy059]

No. I haven’t been named executor dative yet but I do have all the documents they required. I was hoping to find out if she owned a property and came across this disparity with the name on the deeds/ Deed Poll.

Thanks for replies so far.

[sederunt]

To be decerned executor dative you need to submit a petition to the relevant sheriff court. Not particularly difficult but most people will use a solicitor for this because the system isn't very transparent for lay persons. There is a recent thread on this forum about executor dative petition that might be worth looking at.

Assuming that you are entitled to be appointed as executor dative (and are solely entitled), the petition is only the first step.

If your aunt died domiciled in Scotland owning a house in Scotland, then the executor would then require to apply to the sheriff court for a Grant of Confirmation before they can administer the estate. As an executor dative, you would require to obtain a bond of caution (insurance) before confirmation will be issued. It looks like most of the small number of companies in this market will require the compulsory engagement of a solicitor as a law agent as a condition of issue.

On this basis, it may be that this is an issue for your future solicitor to consider!

The 'double name issue' might not be a difficult one, it is not uncommon for persons to use more than one name.

[nxy059]

Many thanks. I'm not too worried about the petition/confirmation processes as I've done three probates before (one which was international) without issue although I haven't done anything in Scotland before. My big worry is the Deed Poll change followed by buying with the wrong name original name on the Land Registry which is clearly 'wrong'. Everything I have ever dealt with has been 'correct' so it was just a matter of following the rules/completing forms to wind them up. As things stand I can see on the current path I will end up with confirmation in one name and a property to sell in another which is a problem - even if they are 'obviously' the same person. The 'double name issue' doesn't seem to have a rule/process that I can see that needs to be followed and any pointers on how to solve this / where to start would be much appreciated. Does one just deal with it at the conveyancing stage/ can confirmation show both names/can specific wording on the petition help/any other solution??! The estate will certainly be worth more than £36k, so confirmation is required. I can see you could easily box yourself in at an early stage which is why it needs thinking about right at the beginning.

[sederunt]

It is normal practice in applying for Confirmation that all names by which the deceased was known, must be recorded.

This would also be an obvious inclusion in the dative petition.

You make reference to £36K. This is the threshold below which the sheriff clerk can complete the confirmation application for an estate, it is not the threshold at which Confirmation is required.

[ScottishSolicitor]

Given the value I would speak to a Private Client solicitor about this.