Grant of Confirmation

msieperson7565

Having some major issues with the formatting of the inventory, hope someone might be able to help, anything would be massively appreciated, I'm trying to include everything the notes form lists but it's very difficult given the terrible pdf that has very limited space and auto formats to make everything very small font wise. If I put everything that's currently small font(due to length) there wouldn't be space for everything. And I feel like i'm omitting some things that others have(like bank information). Any help would be massively appreciated as this is quite difficult for me thanks so much.

buddy9

I am unsure how the font size has changed. Given the number of entries, you should not attempt to enter all entries on a single inventory page. You could use the version of C1 with a multi-page inventory https://assets.publishing.service.gov.uk/media/624eef92e90e0729f8ab3fa2/C1-C2-combined.pdf

 or use an attached spreadsheet.

House: Are you certain that the land register shows that the deceased owned one half of the house, and that there is not a special destination (survivorship clause)? (It is not uncommon for assumptions to be incorrect)

You should include the title number if the house is listed in the land register. One example is:

………………….

Semi-detached dwelling house 4 Orr Place, Oban PA25 6DD being the subjects 

described in the land register of Scotland under title number ARG 0100, 

valued by executor

Value of 4 Orr Place £260,000.

Deceased’s one half pro indiviso share £130,000.

…………………….

For other items you should be able to give a fuller description, and not use acronyms etc.

If the YBS account is with a Scottish branch, include the branch. Otherwise, its personal estate in England and Wales. Same comment for Santander, and for Nationwide

Interactive investor seems to be registered in Manchester. If so, personal estate in England and Wales.

If listing shares, include the number of shares held. Situated where the shares may be registered, alternatively the location of share certificates.

Summary entries should have no item numbering

msieperson7565

buddy9 said:

House: Are you certain that the land register shows that the deceased owned one half of the house, and that there is not a special destination (survivorship clause)? (It is not uncommon for assumptions to be incorrect)

You should include the title number if the house is listed in the land register. One example is:

………………….

Semi-detached dwelling house 4 Orr Place, Oban PA25 6DD being the subjects 

described in the land register of Scotland under title number ARG 0100, 

valued by executor

Value of 4 Orr Place £260,000.

Deceased’s one half pro indiviso share £130,000.

…………………….

For other items you should be able to give a fuller description, and not use acronyms etc.

If the YBS account is with a Scottish branch, include the branch. Otherwise, its personal estate in England and Wales. Same comment for Santander, and for Nationwide

Interactive investor seems to be registered in Manchester. If so, personal estate in England and Wales.

If listing shares, include the number of shares held. Situated where the shares may be registered, alternatively the location of share certificates.

Summary entries should have no item numbering

Thank you so much this is exactly what I was after, and the additional information too, you're a lifesaver!

The house is not actually listed on the land register it appears. However I do have access to the deeds so i can verify that

Would the account location be where the account was created? would this information be gotten by contacting the bank themselves(or just using the sort code)? 

For the location of the share certificates would they be looking for the house itself if they're inside the house?

 

buddy9

If the house is not listed in the land register presumably it is listed in the General Register of Sasines (GRS). There is an example of a GRS inventory listing on this page, (albeit not co-owned). https://forums.moneysavingexpert.com/discussion/4965475/grant-of-confirmation/p53

I presume that there is no survivorship mentioned in the house deeds.

If the relevant accounts for the three organisations are not obviously branch based then list under England and Wales.

The location of any paper share certificates held would be moveable in Scotland.

SuperHans_1964

My elderly aunt, K,  passed away in May 2025 and I am filling in Form C1.

Her sole heir and also sole executor is the deceased's twin sister, A. There is no special mention of the house in K's will.

They lived together in their home and the surviving sister will continue to live there. K's will leaves everything to A.

The house A and K lived in was acquired from a Housing Association in 1981. They had been renting previously from 1947 when the house had been built.

The names on the house deeds were K and E. E is the mother of K and A. K and E had a 50% share each. A is not mentioned on the deeds. E, A and K had all lived together in the house since 1947.

Later in 1981 K signed a Deed of Trust with the following wording:

"I, K, residing at 999 Letsby Avenue, West Lothian CONSIDERING THAT I am heritable proprietor of a one-half

 pro indiviso share of subjects generally known as 999 Letsby Avenue, West Lothian DO HEREBY

 IRREVOCABLY DECLARE that further one-half

pro indiviso share of my said one-half pro indiviso share is held by me as

Trustee for my sister A also residing at 999 Letsby Avenue, West Lothian.

 And I hereby undertake to my said sister A that I Will deal with the said further one-half pro indiviso

share in such manner as she may direct in writing from time to time;

Declaring always that the one-half pro indiviso share of the subjects of

which I am heritable proprietor as aforesaid is to be burdened by a Standard

Security in favour of the Woolwich Equitable Building Society granted by me

on Fourteenth August Nineteen hundred and eighty-one and to be recorded

in the Division of the General Register of Sasines for the County of West

Lothian; IN WITNESS WHEREOF these presents typewritten hereon are subscribed

by me ...."

Then E died in 1985 leaving a will. Her estate was left equally to A and K, including her half share of the house.

In 1986 A and K signed a Disposition as joint executors of E. The disposition subject was "One-half pro indivisio share of 999 Letsby Avenue."

The wording as follows:

"COPY OF DISPOSITION

WE, K and A both residing at 999 Letsby Ave. the executors nominate of the late E residing formerly at 999 Letsby Avenue

aforesaid conform to Confirmation in our favour issued by the Commissariot of

Lothian and Borders on the Ninth day of January Nineteen hundred and

Eighty-six and as such executors uninfeft proprietors of the subjects and others

hereinaf ter disponed CONSIDERING that by her Will dated the Seventh day of

June Nineteen hundred and Eighty-two and registered in the Books of Council

and Session on the Twentieth day of November Nineteen hundred and Eighty-five

the said E appointed us the said K and A

as individuals to be her residuary legatees and that the

subjects hereinafter disponed form part of the residue: THEREFORE we as

executors aforesaid in implement pro tanto of the said W ill HEREBY DISPONE

to and in favour of us the said K and A

equally between us and to our respective executors and assignees whomsoever

heritable and irredeemably ALL and WHOLE a one-half pro indiviso share of

ALL and WHOLE the subjects and others known as 999 Letsby Ave.

, in the County of West Lothian being the subjects

more particularly described in, disponed by the delineated and shown coloured

pink on the plan annexed and executed as relative to the Feu Dispositon by

Scottish Special Housing Association in favour of the said E and me the said K dated the Seventeenth day of

July and recorded in the division of the General Register of Sasines applicable to

the County of West Lothian on the Twenty-fourth day of August both months in

the year Nineteen hundred and Eighty-one: TOGETHER WITH (First) the rights

joint, common, mutual or sole effeiring thereto including without prejudice to

the foregoing generality the rights common or otherwise effeiring theret

specified and contained in a Deed of Conditions granted by the Scottish Special

Housing Association dated the Twenty-eighth day of February and recorded in

the said Division of the General Register of Sasines on the Fourteenth day of

March both months in the year Nineteen hundred and Eighty (Second) the whole

parts, privileges and pertinents effeiring thereto (Third) our whole right, title

and interest present and future in and to the subiects and others hereby disponed

as executors aforesaid: BUT the subjects hereby disponed are so disponed

ALWAYS WITH AND UNDER the burdens, conditions and others specified in

(First) Disposition and Deed of gift by the Right Honourable Ronald Douglas

Stuart Mar, Earl of Buchan. in favour of the County Council of the

County of West Lothian dated the Twenty- fifth day of February and recorded in

the said Division of the General Register of Sasines on the Nineteenth day of

April both months in the year Nineteen hundred and Forty-seven (Second)

Disposition by the County Council of the County of West Lothian in favour of the

Scottish Special Housing Association dated the Sixteenth day of April and

recorded in the said Division of the General Register of Sasines on the Third day

of June both months in the year Nineteen hundred and Forty-eight (Third) the

said Deed of Conditions and (Fourth) the said Fue Disposition in favour of the

said E and me the said K: WITH

ENTRY as at the date hereof: When subjects were last vested in the said E as aforesaid and from whom we as executors aforesaid

acquired right by the said Confirmation in our favour: And we as executors

aforesaid grant warrandice from our own facts and deeds only and bind the

executry estate under our charge in absolute warrandice but excepting therefrom

the Standard Security by the said E and by me the said

K in favour of the Woolwich Equitable Building Society

dated the Fourteenth and recorded in the said Division of the General Register

of Sasines on the Twenty-Fourth both days of August Nineteen hundred and

Eighty-one"

The mortgage was paid off in 2001. 

The house deeds were never updated to reflect the 1981 deed of trust or the 1986 disposition.

I'm not sure how to account for the house in Form C1, page 3.

Should I miss it out entirely?
Should I include 50% of its value?
Should I include 75% of its value?

Would you need to see the wording of the original deeds from 1981?

I do have the deeds in my possession.

Also the house is not listed on the Land Register but in the General Register of Sasines. Should I mention that in Form C1. Should I quote the Book and Folio numbers from the original deed of 1981. P.S. The Deed is actually called a "Feu Disposition by Scottish Special Housing Association in favour of E and K".

Many, many thanks to anyone who can help in any way!

Paul 

buddy9

I assume that sister A has capacity to be executor.

It may be that there are existing links in title suggesting that aunt K had entitlement to half the house at time of death. If so, the C1 entry would be for a 50% pro indiviso share.

But you might wish to get some conveyancing input to confirm the effect and competence of the deed of trust and the disposition as links in title.

SuperHans_1964

Thank you for your reply,

Yes sister A does have the capacity to be executor ..just about!

What do you mean by “existing links” and “links in title”?

buddy9

SuperHans_1964 said:

Thank you for your reply,

Yes sister A does have the capacity to be executor ..just about!

What do you mean by “existing links” and “links in title”?

The General Resister of Sasines is a register of deeds showing title or ownership. It is currently inaccurate because relevant deeds have not been recorded. The deed of trust and the disposition are potentially midcouples or links in title that allow the current ownership to be deduced.

SuperHans_1964

OK, I understand. Many thanks.

The 1986 disposition I mentioned has been recorded in the GRoS. There’s a stamp on the disposition to that effect, with a book number and a folio number.

About the 1981 deed of trust about half of K’s share of the house being held by K as trustee for A. There’s nothing to indicate that this deed of trust was ever recorded in the GRoS.

Not sure if the 1986 disposition will have been linked to the original deeds of the house in the GRoS.

A few more questions arise:

1) Should I quote the book and folio numbers of the GRoS for the house deeds when I list the house in the inventory?

2) Should I also mention the book and folio numbers for the 1986 disposition?

3) The wording of the 1981 deed of trust includes “And I hereby undertake to my said sister A that I will deal with the said further one-half pro indiviso share in such manner as she may direct in writing from time to time.” There is no correspondence or documentation to say that A ever did direct K how to deal with the one half of K’s share in any way. Given that, would it make more sense to value K’s share of the house as 75%? No inheritance tax would be payable whether she owned half, three-quarters or even all of the house.

Many thanks in advance for your thoughts on these matters.

buddy9

For the purposes of the Confirmation, the application will be approved providing the house description entry looks ok. The court does not check house ownership etc. The need for accuracy arises due to the use of the issued Confirmation (or certificate of Confirmation) as a midcouple for conveyancing.

If the Confirmation is issued with an incorrect description, there is a commonly-used process that allows an incorrect inventory entry to be corrected.

My understanding now is.

• In 1981 aunt K owned 50%, and her mother E owned 50%

• (in 1981 K executes a standard security (mortgage) trust involving her sister A)

• Mother E died in 1985. K and A inherited E’s one half pro indiviso share of the house and the relevant disposition was registered in the GRS. So now A owns 25% and K owns 75%.

• K died in 2025 leaving her 75% to A, who now owns 100%.

Thus, If the trust deed has no effect on ownership, then K owned 75% at date of death and the inventory entry would be completed on this basis. This is a change from what I previously thought.

An inventory entry might be based on the most recent GRS entry - something like:

Dwelling at 999 Letsby Avenue, Whitburn, (postcode) being the subjects described in the disposition by K and A as executors nominate in favour of the said K and the said A dated (insert date) recorded GRS (West Lothian) (insert date)

Value of 999 Letsby Ave £100,000

K’s 75% interest             £75,000