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Grant of Confirmation

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
83 replies 40.8K views
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  • omendataomendata Forumite
    97 posts
    Part of the Furniture 10 Posts Combo Breaker Photogenic
    I was just about to post my C1 and noticed so many errors from this thread.

    Thank all of you ever so much in this terrible time it has been a real help - the last thing I want is to be pulled into the Sherriffs office or have to fill all this in again!

    This thread should be a sticky!!!
    :beer:
  • gwenehgweneh Forumite
    4 posts
    Special thanks to NiceD for a) starting the thread and b) posting a summary of her experiences.

    I have been trying to complete forms C1 & C5 since January. As fast I get the answer to one mystery, another even trickier query arises. My latest problem is the "conveyancing description" - the house is on the Sasine register but there's no succinct description - the ALL and WHOLE part goes on for a full page. We have had an unofficial offer on the house but as the conveyancing solicitor hasn't received an official offer they can't(won't?) help. Does anyone know if I can get away with quoting the Sasine search sheet & volume?

    My other current "problem" is the estate exceeds the £325k IHT NRB but not if I also invoke the £100k residential IHT NRB (RNRB). However because the RNRB was only introduced last year there is no reference to it on either the C1 or C5 forms nor in the notes. This means at a casual glance someone is going to think the application is not for an exempt estate.
    Has anyone experienced this problem?
  • Be_HappyBe_Happy Forumite
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    Re your query about whether the house ownership has to be declared, in Scotland there are 2 different scenarios, hence the conflicting advice.

    It depends whether your property title deeds contain the 'survivorship clause' ie in the Proprietor section (first paragraph) it lists the owners and adds the wording 'survivor of them'. In this case the ownership passes automatically and does not form part of the deceased's estate. If it does not contain this wording, the deceased's share must be declared as part of their estate.

    I came across this recently when my husband died and because we had this clause the estate was so small that I didn't even need Confirmation.
  • gwenehgweneh Forumite
    4 posts
    Thanks for that Be Happy, as my step mother died two years ago, Dad was last man standing so to speaK so house is definitely part of the estate. It's how I declare it that's bothering me. Apparently they want a "conveyancing description" as well as the address of the house.
  • MMF007MMF007 Forumite
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    Gweneh, i think your dad's estate can benefit from the IHT transferred from your step mother's estate, doubling the total allowance, if none was used up when she died. This transferable rate involves using a different form to declare IHT figures. There is guidance, with worked examples, at the back of the C1 and C5 notes. HTH
    I have changed my work-life balance to a life-work balance. :grin:
  • gwenehgweneh Forumite
    4 posts
    Could never have done that without the help and advice on this thread.

    One final piece of advice to those still to come:
    I had a call from the Sheriff court today asking what certificates I wanted. I had ordered 5 assuming they were generic like a death certificate, however it turns out that they produce a specific certificate for each company you need to place a claim with. For example 1 certificate for the house (heritable estate) which I will be sending to the conveyancing solicitor, another certificate for all the accounts held (in my case) in the bank of Scotland, another certificate to claim the money held in premium bonds etc. As it turns out I only needed 4 certificates.

    The wording put onto a certificate is copied exactly from the inventory so make sure your inventory description is something the institution receiving the certificate will recognise. I put a "stocks and shares ISA" but didn't specify the broker holding the ISA nor the reference number of same so I will just have to hope that the broker recognises the description I did use and accept they are one and the same.

    None of this is made clear from anything I have read to date and I followed the instructions about listing the exact share holdings rather than specifying the details of the ISA.

    You live and you learn.
  • MMF007MMF007 Forumite
    1.4K posts
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    Gweneh, thank you so much for this explanation. I am having to revisit the forms because my mum has just found another bank a/c my dad had that we had no idea about! All others have paid up on receipt of death cert (although NS&I wanted a certified copy of the Will as well). This latter a/c holds a significant amt of money and so your advice about detailing it for the specific Confirmation certificate will be very useful. Thank you!
    I have changed my work-life balance to a life-work balance. :grin:
  • DevolDevol Forumite
    9 posts
    I am completing the C1 & C5 forms now for my mother in law and would have been at a total loss without this thread. Very little out there, which I find strange considering the vast amounts of money lawyers are receiving for doing this.

    Fingers crossed I get it right first time.
  • dekddekd Forumite
    16 posts
    This was such a great post for me, thank you.... I'm going through this process and thanks to this post, I very much managed this first time.
    My grant of confirmation has been returned with one point noted and I'm kicking myself as I did ponder on the point thanks to the info on here but opted to send before asking for help.

    On the will and specifically the docquet, i used wording suggested but did not state a place. The application has been returned for this very reason.
    On the whole, I'm happy it's just one point but hoped to not drag this out.

    The guidance offered here appears to be for a poster who took the application in to the Sheriff Clerk and stated the location as the court?

    I'm unfortunately in North England with my later mother's Sheriffdom located in Central Scotland and taking the form to the court is not something I can do with ease.
    The returned/rejected application states:

    "There must be a place stated on the will re: docquet"

    Any pointers as to how to revise this would be really appreciated.
    Can't quite see that I state my home address or is it as simple as that? Just wondering if I need to be taking this to somewhere like a local court? Just seems odd to want and or accept a note to say in my dining room at home etc.

    Any further input to this point would be so much welcomed.
    Don't feel to bad resurrecting an older thread as it's helped me so much so far.

    Cheers!
  • Owain_MoneysaverOwain_Moneysaver Forumite
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    NiceD wrote: »
    some historical Inventories for Confirmation that I've seen on the Historic Scotland website really do list every last item down to the frying pan!

    Back in ye olden days a frying pan was an expensive item. Many homes would only have one or two items of iron cookware.
    A kind word lasts a minute, a skelped erse is sair for a day.
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