Grant of Confirmation

Ying1

I have a further question. I am confused about how to work out the net qualifying value of the estate.

The net value of the estate is 365 000. No IHT should be payable because the house has been left by my father to my brother and I which I understand increases the tax free inheritance from 325 000 to 500 000. Additionally my mother predeceased my father, left all of her estate to my father, and none of her allowance was used up so that her 325 000 allowance would transfer to my father.

Is the net qualifying value the net value of the estate minus the IHT free allowance, i.e. £0? Or should the 365 000 figure go in that box?

buddy9

In this case, where the spouse is predeceased, and if there is no legacy left to charity, then the NQV (box 25) will have the same value as the net estate in box 24.

Also ensure that box 22 is ticked yes.

The estate is an excepted estate on the basis that the gross estate value for Inheritance tax does not exceed £650,000 (NRB plus TNRB) and that the other criteria for a low value excepted estate are met.

zappahey

https://forums.moneysavingexpert.com/discussion/comment/81869044#Comment_81869044

Many thanks, I'll try that.

strengthandhonor

Box 8 Page 1 Place of death is a bit small for the full address on the death certificate. I am always wary of abbreviations in formal documents, would either of the following two be acceptable for Box 8 Page 1:

RAH, Corsebar Road, Paisley PA2 9PN

or

Royal Alexandra Hospital, Paisley PA2 9PN

buddy9

I would use the second example and without the postcode

strengthandhonor

Thanks @buddy9 for the useful advice as always.

In the case of two executors (both have been listed on Page 1 Box 10 in will order), i have a few questions:

1/ Should both executors (and addresses) be listed on Page 2 'Decaration by'

2/ Should both executors sign the will when the will is docquetted?

3/ Should both executors sign the 'Signature' box on Page 2 of the C1?

Thanks,

buddy9

If there are two co-executors, only the declarant executor signs the will docket. Only the declarant executor signs the C1.

The page 2 declaration:

Only the declarant executor's name and address into box at top of page.

Para 2 box - only the other co-executor’s name and address is included - the example below reflects an entry by a daughter as declarant and where a son is co-executor. (this example assumes the original will is held and that there are no name or address differences to include).

That I am

along with [insert full name] residing at [insert full address] the executor-nominate of the deceased conform to will dated the [insert date of will] which is exhibited, docquetted and signed by me as relative hereto, and that I am the daughter of the deceased and that the said [insert full name] is the son of the deceased.

Para 3. Declarant executor’s full name into the first box, other co-executor’s name into the 2nd box.

Freeheeler

Buddy9 deserves a medal. I originally found the other thread about how to set out the inventory which was so helpful.

The process for probate in England, by contrast, is now very quick and simple for a non-IHT, straightforward estate. The Confirmation process is archaic. OK, the SCTS legally cannot assist for a "large estate", but in many cases they seem to be deliberately putting up barriers and making the process as difficult as possible, by not even hinting at what an applicant had done wrong. I have contacted a local MSP who is also a lawyer and he is going to take this to the Law Society of Scotland.

taexali

https://forums.moneysavingexpert.com/discussion/comment/81886815#Comment_81886815

I agree about buddy9. A knighthood is in order!!!

I found Aberdeen Sheriff Court to be excellent. They pointed out exactly what I had done wrong on the C1. They granted confirmation in 3 days.

Savvy_Sue

I've told the Forum Team that Buddy9 is our hero, without whom those of you 'benefitting' from Scots law would be pretty much all at sea!