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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 2
    • Yorkshireman99
    • By Yorkshireman99 15th Oct 15, 8:25 AM
    • 3,379 Posts
    • 2,748 Thanks
    Yorkshireman99
    I concur with Bigbananafeet, this is a very informative thread. But I have question ..... I am preparing the C1 doc for my Father-in-law's estate. I visited the AYR sheriffs clerk office to get pointers on filling the form. As the estate is over the lower limit wher they will help ou fill it in there was a reluctance to provide any advice and that I should seek legal advice. As I had typed up the declaration and the docquet wording I was advised to make minor changes to wording which was what I wanted to know.
    HOWEVER it was mentioned that the Inventory of the Bank/BS accounts need to be listed by Country i.e. Scotland or England&Wales or Northern Ireland and suggested that I look at where the registered offices are?
    So now I am not sure how to list these, the accounts were opened in Scotland but Building Societies have head offices in England, NS&I is an arm of the treasury but office address is Scotland, oustanding Final Pension payments due from CSP Pension in England and DWP Scotland/England?

    Why does this matter we are still all part of the UK???? (until the SNP try again for independance despite us voting NO)

    Has anyone following this thread have experience of how to determine appropriate country for these types of asset?
    Originally posted by toucan2k
    AFAIK a Scottish will cannot deal with property outside Scotland. This has to dealt with under the legislation of the other countries.
    • Keep pedalling
    • By Keep pedalling 15th Oct 15, 2:00 PM
    • 4,103 Posts
    • 4,466 Thanks
    Keep pedalling
    AFAIK a Scottish will cannot deal with property outside Scotland. This has to dealt with under the legislation of the other countries.
    Originally posted by Yorkshireman99
    Based on our experience with my wife's Scottish uncle it can. His estate contained cash in English banks and US listed shares. It did however take over two years to finalise, but I think this was more down to the solicitor handling the estate than anything else.
    • Pippa1
    • By Pippa1 1st Jan 16, 5:06 PM
    • 3 Posts
    • 0 Thanks
    Pippa1
    NiceD - We have been told by a solicitor that we need to use him for grant of confirmation because a property is involved, he is charging an enormous fee. You seem to have been able to do it yourself and it also looks like you had a property involved. How did you make an appt at sheriff court in Glasgow? Did you just phone them? Much obliged for your help, it is a minefield at a time when we are most vulnerable. Pippa1
    • Pippa1
    • By Pippa1 1st Jan 16, 5:13 PM
    • 3 Posts
    • 0 Thanks
    Pippa1
    Can I also mention the difficulty I am having with building societies who are refusing to close the accounts and transfer money into my account despite the fact I am the executor and inheritor and the will clearly states this. They are insisting on waiting until grant of confirmation which I am told can take up to 6 months. They finally agreed to pay for funeral expenses (very expensive) and it took the Nationwide Building Society 10 days to draw cheques for the costs. In the meantime the suppliers were quite cross with me as they had to wait to be paid. The amount of money is well below the threshold for grant of compensation but they are taking into account the property my mother owned. It is terribly harrowing at a time when you are grieving. I was so worried about how I was going to pay for the funeral expenses when really it shouldn't have been a problem as my mother left money to cover all the costs. Pippa1
    • Yorkshireman99
    • By Yorkshireman99 1st Jan 16, 6:59 PM
    • 3,379 Posts
    • 2,748 Thanks
    Yorkshireman99
    Can I also mention the difficulty I am having with building societies who are refusing to close the accounts and transfer money into my account despite the fact I am the executor and inheritor and the will clearly states this. They are insisting on waiting until grant of confirmation which I am told can take up to 6 months. They finally agreed to pay for funeral expenses (very expensive) and it took the Nationwide Building Society 10 days to draw cheques for the costs. In the meantime the suppliers were quite cross with me as they had to wait to be paid. The amount of money is well below the threshold for grant of compensation but they are taking into account the property my mother owned. It is terribly harrowing at a time when you are grieving. I was so worried about how I was going to pay for the funeral expenses when really it shouldn't have been a problem as my mother left money to cover all the costs. Pippa1
    Originally posted by Pippa1
    Whilst I can understand your frustration I believe the NWBS are correct in withholding the funds until you have the confirmation. AIUI until then they have no legal authority to release the funds. The confirmation process is intended to ensure that no false claims are made.
    • dougieh
    • By dougieh 30th Jul 16, 5:47 PM
    • 1 Posts
    • 0 Thanks
    dougieh
    The messages have been very useful in applying for confirmation for my father. All the information above has worked well for my application but the Sheriff Clerk has asked to "state what item number you require confirmation for". Does anyone know what this means and where to add it? There are 5 items in the inventory that will require me to provide the confirmation certificate is this what have to provide?
    • GMcNic
    • By GMcNic 19th Jan 17, 11:41 PM
    • 1 Posts
    • 0 Thanks
    GMcNic
    C1 experience
    Thanks for taking the time to document your experiences. I am just about to begin the process and found it extremely helpful.
    • katiescotland
    • By katiescotland 11th Feb 17, 5:39 PM
    • 1 Posts
    • 1 Thanks
    katiescotland
    C1 c2 and c5 confirmation
    The procedure is not difficult and HMRC are very helpful if you are not sure what info to put into a box.
    I made the mistake of using a legal firm and the bill for completing 2 simple forms is more than £20k so watch out. a total nightmare
    -because you are bereaved it is easy to enter into a unlimited fee scenario - foolish. The best thing to do is sit down with a friend and go thru each part together.
    - if you can add and copy information from a bank statement and organise a survey to get a property valuation - you can easily do it yourself and quickly it won't take 4 years!

    2 forms for estate not due IHT C1 AND C5

    If IHT is due you need to use IHT400
    The C1 - save to your pc in pdf format - it adds up the inventory for you. If there is lots of stuff to enter than use the combined C1&C2 form. If you prefer a paper copy then print out at your local library and use you calculator to add it all up - as a friend to double check your total.
    If the total is not more than £325k then complete the C5
    If it is more than £325k but the person who has recently died had a spouse who died previously then his/her allowance [provided none was use previously] can be added giving a total of a £650k allowance
    Do one section at time and then phone HMRC if you are not sure if it is correct - they WORK FOR US and I have found them really helpful - they know you have been bereaved. LEGAL firms need to make a profit - pay for grand offices - their fee rate reflects this - if you want to give your parent's personal financial details and title deeds to a legal firm - stop and think what could go wrong. If the fee is massive you cannot contest - DO IT YOURSELF - bit by bit. Unless you want to give £20k £30k £40k to a legal firm. BEWARE!!!
    Finally if no executor has been named then asap get yourself appointed as executor dative
    DO NOT permit a legal firm to be the EXECUTOR because then they have total control
    If it is too much for you then use a book keeper for a fixed rate to organise the paperwork
    It is not difficult - print out the guidance notes from HMRC and you will be fine.
    • Saver2017
    • By Saver2017 2nd Mar 17, 2:11 PM
    • 1 Posts
    • 0 Thanks
    Saver2017
    Inventory List - C1 Form
    This is an extremely informative post - thanks to those providing answers on the process as it's so difficult to find proper guidance online.

    I'm in the process of applying for Confirmation in Scotland and have had my first attempt at completing the forms returned to me. I think I now have a better idea of what needs to be done in terms of specific wording, but I have been told to check my figures. The arithmetic is definitely right so I'm only assuming that it's information I've put on incorrectly.

    I think it's to do with a £10,000 gift made from the estate back in October 2015 (paid to two recipients). I know this has to be added back into the estate for Inheritance Tax calculations (incidentally the estate is well below the IHT threshold) so I included this £10,000 in for C5. However, I did not put this in the Inventory on C1 as part of the estate - should the £10,000 be listed on the inventory as well?

    My confusion over this is that the HMRC guidance notes state that the amount in C5 Box C should be the same as the figure at 15 on Page 4 of the C1 but the only way this would seem to tie up would be if the £10,000 gift was listed as part of C1 Inventory also.

    Any suggestions would be most appreciated.

    Thanks.
    • osanago
    • By osanago 8th Nov 17, 12:20 PM
    • 1 Posts
    • 0 Thanks
    osanago
    Inventory Query
    Hi there, I have just tried to submit my confirmation certificate but it was returned & one of the comments was regarding the items to be listed as directed, does that mean I need to put estate in England etc with a zero value as he only had estate in Scotland or do the bank accounts have to be put under the title of estate in England if that is where they are registered?
    Also is the summary of estate just the value, no additional info required?
    Any assistance would be greatly appreciated!
    Thanks, Emma
    • Urvasi
    • By Urvasi 29th Nov 17, 10:59 AM
    • 2 Posts
    • 0 Thanks
    Urvasi
    Just to say this has been a very helpful thread thank you to all who have posted.
    I have just been through process.
    Form C1 was returned twice as incorrect. Here are some of the minor errors which needed to be corrected:
    1. We only had property in Scotland and did not put NIL in England and Wales, NIL in Northern Ireland on the form. You need to type this as part of the summary.
    2. The amount for the confirmation is the amount before any deductions. Not the final total.
    3. When we sent back the form and re-signed it you have to date it the same date as the original form as that was the date which was docquetted on the will.

    It has been a challenge but the sherrifs office have been good communicating by phone and email to keep us informed. I called them to check exactly how much the fee was and who to make payable to and they are very good at answering phone and helping.
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