Author Topic: Copy will and confirmation  (Read 1079 times)

Offline dawnsh

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Copy will and confirmation
« on: Monday 16 November 20 17:03 GMT (UK) »
Please excuse my ignorance but I am going around in circles.

How do I obtain a copy of a will and confirmation with a date of presentment of 2013?
Census information Crown Copyright, from www.nationalarchives.gov.uk

Sherry-Paddington & Marylebone,
Longhurst-Ealing & Capel, Abinger, Ewhurst & Ockley,
Chandler-Chelsea

Offline Forfarian

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Re: Copy will and confirmation
« Reply #1 on: Monday 16 November 20 17:25 GMT (UK) »
From the NRS web site: "Testaments recorded from 2000 onwards are not held by us. Instead you should contact the Commissary Department, Edinburgh Sheriff Court, 27 Chambers Street, Edinburgh, EH1 1LB."

See https://www.scotcourts.gov.uk/taking-action/frequently-asked-questions/your-questions-on-dealing-with-a-deceased%27s-estate

Hope that will help. I have never attempted to get a recent testament so I have no idea what is involved.
Never trust anything you find online (especially submitted trees and transcriptions on Ancestry, MyHeritage, FindMyPast and other commercial web sites) unless it's an image of an original document - and even then be wary because errors can and do occur.

Offline dawnsh

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Re: Copy will and confirmation
« Reply #2 on: Monday 16 November 20 18:10 GMT (UK) »
Thanks, my person of interest died in 1993 so 20 years before the will was presented.

I'll try again tomorrow.

Census information Crown Copyright, from www.nationalarchives.gov.uk

Sherry-Paddington & Marylebone,
Longhurst-Ealing & Capel, Abinger, Ewhurst & Ockley,
Chandler-Chelsea

Offline carolineasb

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Re: Copy will and confirmation
« Reply #3 on: Saturday 05 December 20 21:01 GMT (UK) »
A Will is actually part of the Application for Confirmation.

If the person passed in 1993 but there was no Application for Confirmation until 20 years later, it is likely that that was because either a bank account or insurance policy was found at the later date or a house was not transferred after the death but now the house is to be sold or transferred and Confirmation is required for the conveyancing process. It is relatively common for Confirmation not to be expede until some time after a death although twenty years is quite rare.
Tannahill:  Ayrshire, Renfrewshire
Mulgrew/Milgrew:  Glasgow
Canning: Renfrewshire


Offline dawnsh

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Re: Copy will and confirmation
« Reply #4 on: Saturday 05 December 20 21:47 GMT (UK) »
Hi Caroline

Thanks for your reply.

I followed the advice given by forfarian and contacted the Edinburgh Sheriff Court.

I then sent all the details by email, they contacted me for payment and the will and confirmation arrived by email a couple of days later.

It was quite expensive compared to English & Welsh wills which are currently £1.50 but it was needed for legal purposes.

Dawn
Census information Crown Copyright, from www.nationalarchives.gov.uk

Sherry-Paddington & Marylebone,
Longhurst-Ealing & Capel, Abinger, Ewhurst & Ockley,
Chandler-Chelsea

Offline carolineasb

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Re: Copy will and confirmation
« Reply #5 on: Saturday 05 December 20 22:43 GMT (UK) »
It is just a Confirmation with the Will included in the document which is called Confirmation.

If it was needed for legal purposes, then I take it that it was not just a photocopy and that's why it will have been quite expensive as the fees are set down for this and are not just copying fees. Are you saying that certified/extracted copies of Probate documents are only £1.50?
Tannahill:  Ayrshire, Renfrewshire
Mulgrew/Milgrew:  Glasgow
Canning: Renfrewshire

Offline Forfarian

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Re: Copy will and confirmation
« Reply #6 on: Sunday 06 December 20 10:45 GMT (UK) »
It was quite expensive compared to English & Welsh wills which are currently £1.50 but it was needed for legal purposes.
Historic Scottish wills are currently £2.50.

Never trust anything you find online (especially submitted trees and transcriptions on Ancestry, MyHeritage, FindMyPast and other commercial web sites) unless it's an image of an original document - and even then be wary because errors can and do occur.

Offline carolineasb

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Re: Copy will and confirmation
« Reply #7 on: Sunday 06 December 20 15:01 GMT (UK) »
I am still unsure why Scotland's People splits a Will from a Confirmation perhaps to enable double the fees to be charged as the Will is a part of the Confirmation document. If someone needs a particular Confirmation (including the Will) for legal purposes, it will cost more than £2.50 though that fee is only when you download part of the Confirmation from Scotland's People for information purposes only.
Tannahill:  Ayrshire, Renfrewshire
Mulgrew/Milgrew:  Glasgow
Canning: Renfrewshire