Grant of Confirmation

buddy9

The inventory describes the estate at the date of death. If there was payment into a bank account after date of death for which the deceased was entitled, and you wish to include this in the inventory, it should be shown separately on the inventory as an entitlement - Example:  Refund entitlement of council tax overpayment.

If there is pension overpayment after death which is repaid to the pension administrator, then this is not shown on the C1.

If you held money for the deceased at date of death, show this as a separate entry in the inventory. Such as: Funds held by the executor which was the deceased’s money.

Regarding Q2. If this money was moved after death and relates to ongoing estate expenses, it is not included in the C1.

Didntsignupforthis

Hi, firstly thank you so much to everyone on this thread, especially Buddy. Life savers. I had my first effort at C1 for Dads estate pretty much laughed out of court because I just used the C3 guidance notes which are woefully inadequate. Going to try again having read through this whole thread as solicitors are asking for 10-20% of the available monies in the estate!

So, a couple of questions before I press print.

Page 1 box 10, Do I list all executors mentioned in the will (myself and my Mum) in this part, even if I am providing evidence in page 2’s declaration as to why my mum cannot act due to lack of capacity?

and page 2 declaration, is this an ok way to say that mum and dad’s address changed since they wrote their wills, and that mum is medically assessed as no longer having capacity to act. It’s a letter the consultant wrote when we had to have her removed as a POA for Dad, due to her own dementia.

That I am

(My name), son and executor nominate of the deceased conform to his will dated (date). (Mums name), (mums current address), wife of the deceased, was also appointed executor and survived the deceased but has lost mental capacity without expeding confirmation conform to medical assessment letter dated (date). In said will the deceased and said (Mums name), are both designed as residing at (Mum and ddad’s previous address), a former address. Said will and medical assessment letter are produced herewith, signed and docquetted by me as relative hereto.

Many thanks

buddy9

Didntsignupforthis

Page 1 box 10. Only acting executors listed here.

If mum is unable to competently sign a letter of declinature and you are relying on incapacity and have a medical cert/letter then your para 2 generally looks ok. This assumes that you and mum are co-executors in the will. (Though your own name goes in the box at the top of page 2, and not in para 2).

Didntsignupforthis

Brilliant, thank you so much. Yes, we are co-executors in the will. This should be so simple, it’s just their home, in both names, and a joint account both going to mum. Bank didnt ask for confirmation but house deeds don’t have the required survivorship clause, so here we are…..

SKS167

There are so many knowledgeable people on this site and I need some help completing an EIK please!!! Relates to the property description only and additional land that was purchased during lifetime of deceased. Confirmation has been approved but as property is to be sold, solicitor indicated that we did not have the correct description to satisfy a buyers solicitor. No IHT to consider, no change to value - purely description. The C4(S) and continuation sheets do not allow me to type the details and so I’ve hand written the information. I’m just unclear as to which boxes the old description, the corrected description and the figures should be in. Solicitor has provided the new descriptions to use but as we obtained Confirmation ourselves (saved a fortune), they passed it for us (the Executors) to complete the EIK. If anyone can assist I would be so grateful!!!

buddy9

Assuming that the property is in Scotland - and shown for a single executor.

Page 3 complete as below

Declaration by (your full name and address as in the C1)

Who declares: 

1. That the said (name of deceased as in the C1)

(hereinafter referred to as ‘the said deceased’) died on the date aforementioned at (location as shown in C1 ) domiciled in the sheriffdom of [xxxxxxxxxxx] in Scotland.

2. That an Inventory of the estate of the said deceased was recorded in the Court Books of the Commissariot of (sheriffdom) at (court) on (date from confirmation) and Confirmation was granted on the (date of issue)

in favour of (your name) as executor nominate

3. That the accompanying Additional and Corrective* Inventory is a full and complete Inventory of the estate of the said deceased as ascertained and discovered since the original Inventory was recorded as aforesaid. 

4. That Confirmation of the said additional estate in Scotland

is now required in favour of the said (your name)

Page 4

Item should appear under an appropriate location heading  - Heritable Estate in Scotland

FOR WRONGLY DESCRIBED ESTATE WITH NO CHANGE IN VALUE Enter the new description. In the “value as last shown“ column enter £0.00 and in the “corrected value” column enter the value as shown in the C1. An entry in the decreases section on page 5 will also be required.

Page 5

Item should appear under the appropriate location heading - Heritable Estate in Scotland

FOR WRONGLY DESCRIBED ESTATE ONLY WITH NO CHANGE IN VALUE Enter the description from the C1. In the “value as last shown” column enter the value from the C1 and in the “corrected value” column enter £0.00. An entry in the increases section on page 4 will also be required.

SKS167

Buddy9 - thank you so much!!!! Yes, Scotland. Looks like I’ve completed it correctly as per your detailed response. Now to head to Court this week to submit.

Scuttled

Hello. We are currently attempting to apply for confirmation in Scotland for my fathers estate which is classed as a large estate due to property but is still well below inheritance tax limits.

We are in the early days but when we complete all the inventory and complete the form hopefully correctly.

Are we supposed to present all of the paperwork proof of the inventory such as bank statements, car valuations, house valuations, life insurance pay out, car insurance refund, car tax refund and other things like it?

The guidelines are not fully clear what we need to present to the court.

As I understand we will present to the court, C1, massive amounts of paperwork to support the inventory, the will and the executors proof of identity?

buddy9

None of the paperwork that you mention is submitted to the court. You submit the documents asked for on the SCTS website https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceaseds-estate-in-scotland/large-estates/ (other than the fee which is normally taken over the phone when the application is approved).

Occasionally a C1 declaration might reference a letter of declinature or deed of assumption etc. If so these would also be submitted.

Sucker_for_sweeties

I am no expert, but did just hand in documents to court for a similar estate.
I needed the C1, death certificate, I needed a letter of declinature too for one of the executors and the original will. I didn't need any backup of inventory, nor the house missives.
I did need two forms of my identification, one showing my address. I used a passport and my bank statement.