Grant of Confirmation

Pansygarden21

OK, thanks buddy9.

buddy9

You had included an address in para 2. The only reason for an address inclusion is if the recent address is different from the will address. If there are no address differences then the declaration should simply read

That I am 

the wife and executor nominate of the deceased conform to his will dated [date] which is herewith exhibited, docquetted and signed by me as relative hereto.

Pansygarden21

Oh, I see. Do I enter the executor’s name between’That I am’ and ‘the wife and executor’?

buddy9

Pansygarden21 said:

Oh, I see. Do I enter the executor’s name between’That I am’ and ‘the wife and executor’?

No, not needed.

Mental_max

Hi.

Please could I have some help.  I am doing a corrective C4(s) because I got the value of property in the confirmation wrong.  I've now had it professionally valued and have been told I need to do the C4(S) to tell HMRC that the value has changed although my mum inherits everything and there is no IHT to pay.  I can't find any guidance documents to help fill in the c4(S) and have 2 questions:
1. If I'm only correcting things in the inventory and not adding any property do I need to fill in 4. in the delcaration which is about additional estate?
2.the form summary asks in box 10 for the net qualifying value from form C1 (£0 cos my mum's inheriting) but box 16 (revised chargeable estate) tells me to add boxes 10, 14 (total amendments to the estate - in this case an increase) and 15 (amendments to exemptions and reliefs) giving a total chargeable estate of more than £0 - which I'm assuming isn't right.  I think I put £0 in this box.  Is that right?

It was a bruising experience getting the confirmation through the sheriff clerk's office and I don't want to repeat that if possible.

Many thanks for any help you can give me.
DIY-executor

buddy9

Mental_max said:

Hi.

Please could I have some help.  I am doing a corrective C4(s) because I got the value of property in the confirmation wrong.  I've now had it professionally valued and have been told I need to do the C4(S) to tell HMRC that the value has changed although my mum inherits everything and there is no IHT to pay.  I can't find any guidance documents to help fill in the c4(S) and have 2 questions:
1. If I'm only correcting things in the inventory and not adding any property do I need to fill in 4. in the delcaration which is about additional estate?
2.the form summary asks in box 10 for the net qualifying value from form C1 (£0 cos my mum's inheriting) but box 16 (revised chargeable estate) tells me to add boxes 10, 14 (total amendments to the estate - in this case an increase) and 15 (amendments to exemptions and reliefs) giving a total chargeable estate of more than £0 - which I'm assuming isn't right.  I think I put £0 in this box.  Is that right?

It was a bruising experience getting the confirmation through the sheriff clerk's office and I don't want to repeat that if possible.

Many thanks for any help you can give me.
DIY-executor

HMRC does not receive a copy of a C4(S) (directly), if there is no change to IHT liability. Are you sure that you need to submit a revised value?

Pansygarden21

buddy9 said: 

Pansygarden21 said:

Oh, I see. Do I enter the executor’s name between’That I am’ and ‘the wife and executor’?

No, not needed.

Thank you for your kind assistance buddy9. My application has been successful on the 4th attempt. All credit goes to you.

Mental_max

Thanks Buddy.

I had the property valued because my mother who inherited the share from my dad decided to gift the share to me and my sister (ie she inherited it so got an uplift in base value for CGT and then gifted it on).  The valuation came in much higher than we'd estimated in the confirmation but also confirmed that there was no change in value between date of death and date of gift.  So no cgt on the gift as long as they don't use the confirmation value to calculate cgt.  And no iht because my mum was married to my dad. 

I phoned HMRC to find out what I needed to do and they told me to do a C4(S) form for the sheriff court and send in a copy of the C4(S) for their records (although the sheriff clerk says they automatically send a copy of the c4(s) to HMRC themselves.  HMRC also told me that my mother should fill in a form disclosing the gift of residential property although there has been no change in value between date of death and date of gift. And to put in as much detail as possible I suppose to avoid an investigation.

I'm kind of loathe to poke my head above the parapet as there is no tax to pay but as they've told me on the phone to do it I thought I had to do it. 

I could simply do the c4(s) form and leave it at that I suppose.  Having said that the valuation for the date of the gift cost £3200 (cos there were 6 flats to value) and therefore technically she made a cgt loss.

Thanks for any help you can give me.  I'm dabbling in things I don't know much about unfortunately.

buddy9

C4(S) completion.

If you are using exactly the original C1 description without amendment, then use page 4. Then the entries are:

Box 10 enter 0

Box  11 enter increased value. In this case, box 14 shows increased value.

Box 15 enter box 14 value in brackets

Box 16 enter 0

Enter details in the table above box 15 relative to increase in asset value / spouse exemption / -value

But if you want to amend the description in addition to amending the value use pages 4 and 5. So that -

Page 4

Enter the new description.

In the “value as last shown” column enter £0 and in the “corrected value” column enter the new value. Also an entry in the decreases section on page 5.

Page 5

Enter the description exactly as from the C1.

In the “value as last shown” column enter the value from the C1 and in the “corrected value” column enter £0. Also an entry in the increases section on page 4.

There is an example of a declaration page here https://forums.moneysavingexpert.com/discussion/comment/81382864#Comment_81382864

In your case I think delete ‘additional’ in paras 3 and 4, inserting ‘corrective’ in para 4.

On your entry, also include the heading as used in the confirmation e.g. Heritable estate in Scotland.

Mental_max

Thank you Buddy9

I really appreciate this help.  It was so hard to get the confirmation through in September.  Especially as I had to retype it each time I submitted it because I didn't know you could use a paper apart for the actual Inventory pages.

One last question - do I need to redo the summary of the estate from the confirmation (ie the bit where you have to say how much estate in scotland, how much in E&W and how much in NIreland, as the figures will change as a result of the new value of the heritable estate?

thank you again