Grant of Confirmation

Bumbley_Bee

buddy9 said:

Bumbley-Bee

Here is a suggestion, you will need to check that it accurately describes your situation. I assume you have the original will.

Delete ‘I am’ and continue

By her will dated the [enter date of will] herewith exhibited and docquetted and signed by me as relative hereto, the said deceased appointed [insert full name and address of the deceased executor] and [full name and address of the resigning executor] to be her executors-nominate. The said [insert full name of deceased executor] pre-deceased the said deceased. The said [insert full name of declining executor] assumed me as executor of the said deceased conform to deed of assumption dated the [insert date] which is produced herewith, and docquetted and signed by me as relative hereto. The said [insert full name of declining executor] has resigned the office of executor, conform to letter of declinature dated the [insert date] and which is also produced herewith and docquetted and signed by me as relative hereto. I am the executor-nominate of the said deceased.

If the deed of assumption refers to you as ‘trustee and executor’ you might want to use that instead of ‘executor’.

Change executor/executrix as appropriate to the situation

If the declining executor has a name change or an address change since the will was written this would have to be stated also.

Thank you SO much.
This has been extremely helpfull

ptolemy

Hi,
I am trying to fill in the C1 confirmation form.  My Mother died a few months ago. 
I contacted the bank about a week after she died and there were a few transactions on her account since she died, and interest accrued in another.  How do I add these adjustments on the form when the invoice is for the bank account value at date of death?
Cheers

ptolemy

Not 'invoice'  rather, you are supposed to fill in the value at date of death on the form.

Keep_pedalling

ptolemy said:

Hi,
I am trying to fill in the C1 confirmation form.  My Mother died a few months ago. 
I contacted the bank about a week after she died and there were a few transactions on her account since she died, and interest accrued in another.  How do I add these adjustments on the form when the invoice is for the bank account value at date of death?
Cheers

You would be better off starting a separate thread rather than tacking on to an old one. When you do please provide a bit more info on what sort of transaction you are talking about.

GhibliFan

ptolemy said:

Hi,
I am trying to fill in the C1 confirmation form.  My Mother died a few months ago. 
I contacted the bank about a week after she died and there were a few transactions on her account since she died, and interest accrued in another.  How do I add these adjustments on the form when the invoice is for the bank account value at date of death?
Cheers

For anyone looking for the answer to this question, it's here:
https://forums.moneysavingexpert.com/discussion/6413654/c1-confirmation-scotland-moveable-assets-bank-account-additions-since-date-of-death#latest

Personally, I wouldn't call this an old thread, it's more of an ongoing thread and anyone who wants help with filling in the C1 will find a lot of help on this thread. I did and so have many others. I found it a godsend to have so much info in one thread, rather than searching all over the place. Jmho

My condolences @ptolemy on the loss of your Mum.  This wretched form couldn't come at a worse time, could it?!  

Mandala98

Hi,

My father died in early 2022 and not having been involved as an executor before, I trusted applying for confirmation to the lawyer my father had used when drafting his will. That will left everything to my mother. For the answer to Q25 (Net qualifying value of estate) on the form C1 (new from Jan 2022), the lawyer had put one third of the movable estate (after funeral expenses). I questioned this at the time and was told that any of my father’s children had a claim in Legal Rights - even though none of us intended to use that claim. The figure that the lawyer had put for Q25 was what the total Legal Rights fund would have been for all of us.

My mother has since passed away and I would like to avoid the high lawyer’s fee this time around and apply for confirmation for her as an executor of her will. The question I have is what do I put for the entry to Q25 this time around? The will is a direct three way division between my late mother’s three surviving children. Do I assume that because there are no ‘Legal Rights’ involved this time around, that the figure to put for Q25 is zero?

buddy9

Mandala98 said:

Hi,

My father died in early 2022 and not having been involved as an executor before, I trusted applying for confirmation to the lawyer my father had used when drafting his will. That will left everything to my mother. For the answer to Q25 (Net qualifying value of estate) on the form C1 (new from Jan 2022), the lawyer had put one third of the movable estate (after funeral expenses). I questioned this at the time and was told that any of my father’s children had a claim in Legal Rights - even though none of us intended to use that claim. The figure that the lawyer had put for Q25 was what the total Legal Rights fund would have been for all of us.

My mother has since passed away and I would like to avoid the high lawyer’s fee this time around and apply for confirmation for her as an executor of her will. The question I have is what do I put for the entry to Q25 this time around? The will is a direct three way division between my late mother’s three surviving children. Do I assume that because there are no ‘Legal Rights’ involved this time around, that the figure to put for Q25 is zero?

Are your late father's children all the same individuals as you late mother's children?

You make reference to your late mother's 'surviving' children. Are there children that have died, and if so did they themselves leave any children?

buddy9

Mandala98 said: The question I have is what do I put for the entry to Q25 this time around? The will is a direct three way division between my late mother’s three surviving children. Do I assume that because there are no ‘Legal Rights’ involved this time around, that the figure to put for Q25 is zero?

NQV is not zero, it will be the same value as the Net Value of the estate as given in box 24 (see page 15 of HMRC guidance C3).

Mandala98

Thank you buddy9 for your responses.  I appreciate your help at this difficult time.

My late father's children are all the same individuals as my late mother's.  One did die prior to both parents but was single and had no children.

I have checked out the HMRC reference you gave and now I can see why the NQV is not zero and why it has to be the same value as the Net Value of the estate in this instance.

callybob

Hi everyone new to the site.  In the process of completing C1 Confirmation on behalf of my husband who is executor nominate along with his cousin, for his aunt who died in December 22.

There are two queries I was wondering if anyone else had encountered.

1.. There is one bank account whose head office is in England.  However, it does state that there should be at least one item either heritable or personal held in Scotland for Confirmation to be obtained.  So I thought I would put branch address in Scotland in case they rejected confirmation on that basis.  Will it still get bounced due to the head office being in England and I have put it under Scotland?

2.  As I said there are two executors - so have completed paragraph 2 to include the other executor "along with ...".  No. 3 paragraph on HMRC notes said if there are no other executors to leave it blank?  Does that mean if there is more than 1 executor to complete this or it shouldn't be completed unless there are 3 or 4 executors?

Any help with this would be much appreciated.