Grant of Confirmation

buddy9

Non-exempt gifts are used in the calculation of the totals in page 5 of the C1 ‘About the Estate’ relative to Inheritance Tax, but not otherwise included in the C1 form.

williambrian

Thank you for your reply, so if I understand you correctly, they are no longer interested in the detail, so I just add up the  non exempt gifts within he last 7 years deduct the appropriate £3k allowances and add to the estate totals?
Can I ask you another question, in my fathers will, my brother and I are both named as executors, wording as follows 'I appoint my sons [my name] and [brother's name] to be my executors. Our addresses are not mentioned in the will.
I am the one applying for the confirmation, on the first page in section 10 we are both named with addresses, in page 2 section 2 'That I am' [my name] executor Nominate and son of the said Deceased [father's name] conform to the will dated and signed [date of will] which is exhibited, docquetted and signed as relative hereto. No mention of my brother
Page 2 section 3 That I [my name].... along with the said [ brother's name]. Am I correct that other than this I do not need to mention my brother in the C1 form or in the signing of the doquet. Many thanks

buddy9

williambrian said:

so if I understand you correctly, they are no longer interested in the detail, so I just add up the  non exempt gifts within he last 7 years deduct the appropriate £3k allowances and add to the estate totals?

That’s correct (for excepted estates).

There is a warrant procedure that can be used to remedy any error or uncertainty in the designation of an executor, however in your situation there would appear to be little uncertainty. And, in Currie there is a suggestion that a will address omission would be accepted without further evidence where the name and relationship is stated.

The declaration should also include your brother’s name, address and relationship. Something along these lines:

That I am

Along with [insert brother’s name and address], the executor nominate of the said deceased conform to his will dated [insert date] which is herewith exhibited, signed and docquetted as relative hereto and that myself and the said [insert brother’s name] are the sons of the deceased.

williambrian

Many thanks for your help.

andybw

@williambrian I was executor with my brother.  Just so you are aware, once confirmation was completed, both our signatures were needed on every request for funds to be released that was made.

williambrian

Thanks for that Andy, can I ask did you send the C1 by post or did you and your brother go to court, and sign there.  I have
myself and my brother named and addressed on page one, but I am assuming that as I am completing the C1 only my name and address is needed at the top of page 2 ?  I am just about to start on the C1, as your form will have required similar wording, would you be willing to show me what your wording was for the 'Declaration by' page section 2 and 3 and how they related to the docquetting of the will. Many thanks Brian 

buddy9

williambrian said:

Thanks for that Andy, can I ask did you send the C1 by post or did you and your brother go to court, and sign there.  I have
myself and my brother named and addressed on page one, but I am assuming that as I am completing the C1 only my name and address is needed at the top of page 2 ?  I am just about to start on the C1, as your form will have required similar wording, would you be willing to show me what your wording was for the 'Declaration by' page section 2 and 3 and how they related to the docquetting of the will. Many thanks Brian 

The will docket is straightforward using the wording shown in the C3 guidance but with the place of signing added. The docket is signed only by the declarant executor, and the date of signing needs to be the same as the date of the C1. For example:

Aberdeen 14 July 2022

This is the will referred to in my declaration of this date to the Inventory of the estate of the late Mary Alexander Brown.

Boris Smith

Only the declarant executor detail is shown in the top box of page 2 of the C1.

The declaration (para 2 on page 2) needs reference to both executors, as previous posted example

Para 3 on page 2 of the C1 needs both executor names entered in the relevant boxes.

The C1 is signed only by the declarant executor.

williambrian

Many thanks again, this is the most informative and helpful post, on any forum, I have come across, 

williambrian

I have completed the C1 and about to post it, but I am wondering about the court fees and don't want it sent back, does the fee i.e £554 for estates above £250,000 include a certificate, or do you pay an extra £8 for the first certificate and another £8 for each extra certificate (if ordered when submitting C1,

buddy9

williambrian said:

I have completed the C1 and about to post it, but I am wondering about the court fees and don't want it sent back, does the fee i.e £554 for estates above £250,000 include a certificate, or do you pay an extra £8 for the first certificate and another £8 for each extra certificate (if ordered when submitting C1,

The £554 fee includes the issuing of the grant of confirmation document.

A certificate is a supplementary document requested by the executor. A certificate certifies that confirmation has been issued but refers only to a single item on the inventory. They are used for uplifting individual items of estate. £8 added for each certificate requested.