Grant of Confirmation

durks

Itshouldntbethishard said:

So, I took their advice and went to my local council library and the adjacent council library and neither have this book ['Currie on Confirmation of Executors'] which is not a surprise as it seems to cost £344.    When handing in the form for the second time, the more helpful clerk said that the letter used to direct you to the Mitchell Library in Glasgow.  So, I took a trip to Glasgow at the weekend but due to works in the library to do with asbestos, they can't access the area where the book is and said to come back in a week or two.   I was directed to the National Library of Scotland in Edinburgh and they have said they don't have it but they have a reciprocal arrangement and can borrow from the Faculty of Advocates once I join the library.  

Just for the record: the above book is available from the reference desk of the 'Edinburgh Central Library', which is more-or-less on the opposite side of the road from the 'National Library of Scotland' in Edinburgh. It's only available for reference within that library - not for borrowing - but, for me, that sufficed: I had it out for a few hours; took a few notes; and took photos of some important pages. By far the most heavily-thumbed part of the book was 'Chapter 10 - Preparation of the Inventory.'

omarali

jumping back onto here. Wife is preparing probate forms for her dad who had a Scottish will but died in England.  Long story and few issues along the way as he spelt his daughters middle name wrong on the will and the will was taken apart by the sols in Scotland to send to email to the solicitor down in England as those issues were to complex to deal with herself.  That's all sorted but as her mum died in Scotland several years ago the issue of her estate has come up in relation to inheritance tax.  So does anyone know if the Scottish legitim reduces the transferrable Nil Band Rate (available in England and Wales) for inheritance tax purposes.  Her mum had £67k left in a bank account that went to the 3 children and husband.
Thanks for the help in advance 

buddy9

omarali said:

jumping back onto here. Wife is preparing probate forms for her dad who had a Scottish will but died in England.  Long story and few issues along the way as he spelt his daughters middle name wrong on the will and the will was taken apart by the sols in Scotland to send to email to the solicitor down in England as those issues were to complex to deal with herself.  That's all sorted but as her mum died in Scotland several years ago the issue of her estate has come up in relation to inheritance tax.  So does anyone know if the Scottish legitim reduces the transferrable Nil Band Rate (available in England and Wales) for inheritance tax purposes.  Her mum had £67k left in a bank account that went to the 3 children and husband.
Thanks for the help in advance 

Inheritance tax rules are UK wide.

The HMRC rules for legitim are quite complicated and depend on whether legitim is claimed, unclaimed or renounced, and by the time scale involved and the age of the child.

But the simple approach here is that if her children received a payment as a legitim entitlement, then some nil rate band will have been used and a full transferable NRB will not be available.

The same situation applies if the children received a legacy via a will, some nil rate band will have been used up.

bedsit101

Received confirmation at last! Third time lucky and only possible because of your fantastic help. I am now using a local solicitor to draw up and register an Executors disposition and hopefully that will complete the change of name on the deeds and I can complete the remortgage. Just wished we had done a bit more researching into the consequences of not including the survivorship destination when we bought the house.
Thank you so, so much for your time and help. 

Itshouldntbethishard

Buddy, thanks for you help with the wording for "The I am" section.   My confirmation has been approved which is a relief.     (I had also included our house which passed by survivorship with a value of 0 and once I took this out, the form was approved.)      The clerk seemed relieved that I had worked out with your help what to change but do think this process would be so much less painful if they would asterisk or tell you which parts of the form they are rejecting.   They wouldn't need to 'help' i.e. tell you what to change it to.  

Ying1

Hi. I am new here and finding lots of helpful info for completing C1 form for my father's estate. I have some questions that I have not been able to find answers to on the site.

1. My mother predeceased my father. Her ISA (12000) was paid into my father's bank account a couple of days after he died and so is not included in the total in the account at date of death although it is now part of the estate. How should I document this on the C1 form? Everything was otherwise in joint names and house jointly owned with survivorship clause so confirmation was not required for her estate. No inheritance tax is payable on either estate.

2. I am named in the will under my married name. I had a professional job, have always retained my maiden name and have no official documents in my married name. I do have my marriage certificate. How should I word the declaration on page 2 to explain the difference in surname between the will and my ID?

3. Do I have to put my address and that of the other executor in the declaration if they are the same as designed in the will? I have seen conflicting advice in different posts.

I am very grateful for all the information on here as without it I think it would be impossible to fill in the form correctly.

buddy9

https://forums.moneysavingexpert.com/discussion/comment/81866537#Comment_81866537

Suggestion.

1. Bank account

Include an entry in the inventory such as:

Entitlement to contents of [account details] from the estate of [full name] the predeceased wife of the deceased.

Presumably you need to produce confirmation to access the funds in your father’s account. If so and to assist with this, it might benefit to include supplementary information against the entry for your father’s account.  For example [Post death balance includes deposit in respect of item x of this inventory].

2. Name

Describe yourself in the C1 using married and maiden names eg Janet Smith or Jones.

3. Declaration

Early posts in this thread should not be followed - some poor/inaccurate declaration examples.

If you are the declarant executor, your address is included in the box at the top of page 2, but is not included in para 2. The address of the co-executor is included in para 2 - example as here

That I am

along with [full name] of [address] the executor-nominate of the deceased conform to his will dated the [     of     ] which is exhibited, docquetted and signed by me as relative hereto, and that I am the daughter of the deceased and that the said [full name] [is the [son/daughter etc] of the deceased] or; [has never been married to or in a civil partnership with the deceased].

Ying1

Thank you, that is so helpful.