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Hi just joined, hoping to find someone with experience of probate in Scotland. I’m based in Edinburgh and the sheriffs court here is known to be very very particular about application for confirmation(probate)
Doing probate on my fathers estate which is classed as large as it’s just over the top amount for a small estate. Doing it myself as really don’t have a lot of money. Application paperwork all done to clerks satisfaction then they said problem with my fathers will, He wrote his own will very basic but it included his full name basic details of his wishes and was signed and dated by himself and 2 witness’es ( his friends) The clerk said we needed affidavits of due execution from both witness’s got these all notorised took everything back to sherries office different clerk checked everything said he wasn’t happy with the will in his view it did not fit criteria for a self proving will and we would have to start a Writ asking the court to find and declare that the document represents the last will and testament of my father. A solicitor is quoting 3,000+ to do this!!!! The will has my fathers full name and signature at bottom and is signed by both witness’s no addresses were written on it .is that not good enough to be valid conflicting advice on line some sites say needs witnesses address others say only signatures would be valid Nobody is contesting the validity of the will in the family. Has any one else had to do this advice/ input
Would it be worth sending the application will and affidavits we already have by post rather than handing them in therefore bi passing the clerks on the desk ? Every time we go see a different person all say different things. Any help advice greatly appreciated. Sorry for long post.
Doing probate on my fathers estate which is classed as large as it’s just over the top amount for a small estate. Doing it myself as really don’t have a lot of money. Application paperwork all done to clerks satisfaction then they said problem with my fathers will, He wrote his own will very basic but it included his full name basic details of his wishes and was signed and dated by himself and 2 witness’es ( his friends) The clerk said we needed affidavits of due execution from both witness’s got these all notorised took everything back to sherries office different clerk checked everything said he wasn’t happy with the will in his view it did not fit criteria for a self proving will and we would have to start a Writ asking the court to find and declare that the document represents the last will and testament of my father. A solicitor is quoting 3,000+ to do this!!!! The will has my fathers full name and signature at bottom and is signed by both witness’s no addresses were written on it .is that not good enough to be valid conflicting advice on line some sites say needs witnesses address others say only signatures would be valid Nobody is contesting the validity of the will in the family. Has any one else had to do this advice/ input
Would it be worth sending the application will and affidavits we already have by post rather than handing them in therefore bi passing the clerks on the desk ? Every time we go see a different person all say different things. Any help advice greatly appreciated. Sorry for long post.
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