Grant of Confirmation

LS38Z

Huge Thanks to GSS20 for assistance.  Successful today.
For anyone else that is applying, if address on Will is different from Current one you need to put the following on the declaration  the said will of deceased insert name is designed as residing at insert former address in said will. If the Executor lived with the deceased you put , the Executor is designed as "residing with me " in said will.
It is not enough to put Formerly at address per Will dated ---,as I found out.

Hope that helps

testershah

Dear all. 

I am trying to complete form c1 for my mother for my late fathers estate. My mum has been left everything and inherits completely. 

The house and shop was in my fathers name but they were both married. Please can someone help and advise me do I list only my fathers half be a use they were married ?  Or do I list the whole thing because my mum is left as sole beneficiarY? I mean the full price of each property. 

If there is anyone who would be willing to help me in anyway I’d be much much appreciative. 

Thank you
kindregards 
s

testershah

DeletedUser said:

testershah said:

Dear all. 

I am trying to complete form c1 for my mother for my late fathers estate. My mum has been left everything and inherits completely. 

Am I correct that your parents are no longer married? 

What roughly will be the value of both properties? I’m thinking about inheritance tax.

Hi 
Thanks for your reply. Yes they were married and everything was left to my mum in the will when he passed away.  So there is no inheritance tax issues. 

Querying about inventory would I have to list the full value or just my dads half on the basis that they were married ?  House was in my dads name. So was the shop. 

Thanks 
S

testershah

DeletedUser said:

testershah said:

Dear all. 

I am trying to complete form c1 for my mother for my late fathers estate. My mum has been left everything and inherits completely. 

Am I correct that your parents are no longer married? 

What roughly will be the value of both properties? I’m thinking about inheritance tax.

Hi. 

Just realised. I think the information provided by smoked on page 6 of this forum covers my question in good detail.  I was struggling before, but think it’s quite clear now. 

I now need to figure out where to declare  former address And spelling error on will for my mum. Any ide if I would declare this in the first paragraph of declaration page or in box 2 which is in the middle of the page and says “That I am”?

Thanks. 

testershah

GSS20 said:

As your parents were domiciled in Scotland when distributing the estate remember there are legal rights that come into play that don’t in England. Any children can claim legal rights of one half of all moveable estate ie 3 children they can claim one sixth if for any reason they have been left out of the will or that claiming legal rights give them more money than they have been willed ie residuary beneficiaries. I will pm you.

Hi @GSS20 and @Boniebisou
Would someone kindly be able to said me an anonymous form as well please so that I can address any discrepancies I may have in the form I’m trying to fill in for my mum. 

I’d be ever so great full. This forum has proven to be so very useful. I’m very thankful to @NiceD for Creating 
this forum. 

Thanks. 

I will pm you my email if anyone can let me know they can send it to me. 👍

thechubbycherub

Hi all
Sadly my mum died last month and I am currently trying to help dad fill in Forms C1 & C5. Having spent the last 2 afternoons reading all the posts on this thread I am a little more confident than I was before that dad and I can do this together so thanks to all for the helpful info. I'd be most grateful if anyone could send me an an anonymised copy of a completed C1 & C5  form to try and help us on our way. Thank you to everyone who has provided info regarding confirmation, this really is the best resource for help on the internet.

Thank you!

testershah

johncr said:

Many thanks to everyone on this thread. I have just helped my daughter get confirmation for the estate of her grandfather, at Dundee Sheriff Court. Officials were quite helpful, pointed out a couple of required corrections, and even made a minor correction themselves. Time from handing in forms to Confirmation being granted was only 7 days.

Hi @johncr
Would it be possible to see an anonymous copy of the part where you had on going rental ?  

I would be ever so great full. 

It’s just that part that I’m wondering how to do now. Along with the general register of sassines entry which I need to suss out how to get my hands on. 

Thanks in advance. 

DN14

Hi, I must start by echoing the comments from thechubbycherub above, and others, about how useful this thread is - thanks to all who have shared information.  I do like a puzzle, so have been happy to try to complete the process myself, leaning heavily on you guys...it's amazing how little detail there is in the HMRC notes, despite running to so many pages.

Anyway, think I have most of it done but one thing I haven't seen covered here is the legitim fund Q9 on the C5.  Both parents now deceased, have ticked box two on C5 as the estate will be excepted after transfer of spouse allowance on IHT217.  Myself and two siblings are given equal share in will so nothing to be gained through claiming legitim rights.  Must therefore answer no for Q9, as none of us have made a claim, nor will do.  Are the legitim rights discharged by the fact that the will provides more than this?  Or do we have to formally renounce them, and if so does anyone have a suitable wording for this?  Do I have to work out the undischarged sum and adopt it on P3 or can I ignore this box?

Thanks.

GSS20

I didn’t answer it at all. It says only answer if deducting spouse or charity exemption. I presumed as everyone had agreed to not claim legal rights then I didn’t need to answer it. As executor I sent a letter to all beneficiaries explaining their legal rights and to formally renounce them if they wished  in writing to myself as executor, which they did.

naedanger

DN14 said:

Hi, I must start by echoing the comments from thechubbycherub above, and others, about how useful this thread is - thanks to all who have shared information.  I do like a puzzle, so have been happy to try to complete the process myself, leaning heavily on you guys...it's amazing how little detail there is in the HMRC notes, despite running to so many pages.

Anyway, think I have most of it done but one thing I haven't seen covered here is the legitim fund Q9 on the C5.  Both parents now deceased, have ticked box two on C5 as the estate will be excepted after transfer of spouse allowance on IHT217.  Myself and two siblings are given equal share in will so nothing to be gained through claiming legitim rights.  Must therefore answer no for Q9, as none of us have made a claim, nor will do.  Are the legitim rights discharged by the fact that the will provides more than this?  Or do we have to formally renounce them, and if so does anyone have a suitable wording for this?  Do I have to work out the undischarged sum and adopt it on P3 or can I ignore this box?

Thanks.

As said above if you are not deducting spouse or charity exemption just ignore the question.

I was an executor for an estate where a spouse's exemption was being claimed but the children choose not to claim their legal rights so ticked that they had revoked them, and HMRC did not ask for anything (formal or otherwise). However had the children claimed their legal rights it would have made no difference to the IHT position so I am not surprised HMRC were not interested.

I think HMRC will only be interested if the estate is one where the IHT bill would increase if legal rights were claimed e.g. if the children's legal rights exceeded the IHT threshold but where the will said all the money was to go to the spouse or  charities. HMRC don't want to say no tax is due and then later the children claim their legal rights. In such a scenario I think it more likely that HMRC would insist on seeing something formal.