Grant of Confirmation

lib64

@DeletedUser Hi I have been reading this thread and have seen you have shared your filled in C1 and C5 form I would really appreciate it if you could send it to me also , [Edited by Forum Team].
Thank you in anticipation . Lib

Jazza

Thanks to everyone who has contributed to this thread. My mum died a few weeks ago and I'm finding things a bit overwhelming.
I'm reluctant to go to a solicitor because of the fees they charge. My mum's estate is over £36000 and she left a will. I think I need a letter of confirmation from the courts? I'll re-read this thread again as I'm finding that my brain is a bit frazzled right now!

naedanger

Jazza said:

Thanks to everyone who has contributed to this thread. My mum died a few weeks ago and I'm finding things a bit overwhelming.
I'm reluctant to go to a solicitor because of the fees they charge. My mum's estate is over £36000 and she left a will. I think I need a letter of confirmation from the courts? I'll re-read this thread again as I'm finding that my brain is a bit frazzled right now!

Most financial institutions will release money without confirmation but the maximum they will release depends on the institution. (For example with Bank of Scotland their current limit is £100,000 whereas with National Savings it is £5,000. The limit will apply to the amount held with the institution and not the amount held in any one account.)

Also did  you mother own any property?

If assets are held above the limit an insitution is willing to release without confirmation then unfortunately you will need to obtain confirmation.

lib64

I wonder if anyone can help? My Mam died three weeks ago and I thought I'd got a grasp on filling out these forms (thanks to @DeletedUser for sending me example of filled in c1) but on the C5 form, question 7 asks "did the deceased have any pension arrangement other than the State pension? Well since my Dad died two years ago Mam was receiving his Civil pension, so I have ticked 'yes'. Now the problem is out of the next choices I think I choose," Did the deceased":
- receive benefits from a dependant's pension from an alternatively secured or unsecured pension fund? But it then says to stop filling out this form and fill IHT400 instead.
I'm baffled as even with the Civil pension the total amount wasn't over the limit. I wonder if I should tick yes to that last one, does it refer to the civil pension?
I'd be so grateful if someone would be able to clarify this for me. 

xylophone

Question 8

Did the deceased:

• receive benefits from an alternatively secured pension fund as the original scheme member?

• receive benefits from a dependant’s pension from an alternatively secured or unsecured pension fund?

• change or dispose of their pension benefits in the two years before they died? Ignore any pensions paid to a surviving spouse or civil partner.

• 1. If you answered 'Yes' to any part of this question, stop filling in this form. You will need to fill in form IHT400 instead. 

 But you would answer no to all the above  since the widow's pension from a Civil Service Scheme is none of the above.

lib64

@xylophone Thanks that is what I was beginning to think, but was not confident enough with my limited knowledge of pensions, or anything really😅. It's great to get someone else to confirm this. Thank you so much. 

laurajouk

There are 2 executors on my Mum's will but one is in England and I am going to administer the estate here in Scotland, does the second executor need to be named on the C1? Also if I act on my own am I just called the Executor?

Have to say this is the best thread I have read.

GSS20

laurajouk said:

There are 2 executors on my Mum's will but one is in England and I am going to administer the estate here in Scotland, does the second executor need to be named on the C1? Also if I act on my own am I just called the Executor?

Have to say this is the best thread I have read.

Yes all executors required to be named in the C1, written in the same format as in the will  ie middle names mentioned in will then exactly same on C1. If the other person does not wish to be named executor they can stand down. 

Did your mother domicile in England or Scotland? If England then you would have to go through probate there.

laurajouk

Domiciled in Scotland. Problem is that the Scottish solicitor spelt my sister"s name wrong as Executor but spelt it correctly as the joint beneficiary. So what spelling to put on the C1? I understand only one Executor has to sign the C1 and C5? 

GSS20

laurajouk said:

Domiciled in Scotland. Problem is that the Scottish solicitor spelt my sister"s name wrong as Executor but spelt it correctly as the joint beneficiary. So what spelling to put on the C1? I understand only one Executor has to sign the C1 and C5? 

I would just put the correct spelling then in this case. Yes only one person signs the forms but all executors have to be named. I did everything on the financial side of my mother’s estate although I was joint executor, who was quite happy with the arrangement.