Grant of Confirmation

C1help

 He is first then me, I suppose I’m the substitute if he dies

buddy9

C1help. I meant substitute such as in ‘whom failing’. I have presumed your gender.

There is a similar scenario on another thread https://forums.moneysavingexpert.com/discussion/6462933/applying-for-confirmation-of-later-mothers-estate

Here are some suggestions.

Do not include dad’s name in box 10 on page 1.

for the first box of para 1 on page 2.

[full name of mum] residing sometime at [insert will address] and latterly at [last address]

for para 2.

That I am

the daughter and executrix-nominate of the deceased conform to her will dated [date] herewith exhibited and docquetted, and signed by me as relative hereto. [Dad’s name as in will (and also his address if the address is shown in the will)] who was also appointed executor predeceased the said deceased.

In said will the said deceased is designed as residing at [insert will address], a former address. Also in said will I am named as [insert name as in will], a former name, and I am designed as residing at [insert address], a former address.

In para 3 of page 2: select ‘executrix’ from the two options, and pen through the words “along with the said”.

I think the answer to the bank query is answered earlier in this thread at page 51

C1help

Thank you. That’s roughly what I thought but couldn’t word it properly. I kthought I’d seen a bank thread but I’m on information overload.

annie1

Thanks all who have contributed to this thread - it's extremely helpful. I wondered if, I too, could seek advice. I'm in the process of completing the C1 for my late father’s estate.

Myself and my late mother are the only executors. Do I make any mention of her in page 1 box 10?

For the declaration will the following be ok?

That I am

Any name, son of said Any Name (deceased) and Executor Nominate conform to his will dated 4th November 2009 which is produced,docquetted and signed. Any Name who was also appointed executor predeceased the said deceased.

My late mother passed away just under 2 years ago. Both her and my fathers names were on the title deeds with a survivorship clause so no confirmation was required for her. Should I include her name in the property description on the inventory?

They had taken some equity in the form of a lifetime mortgage. Does this get included in the description of the property on the inventory or on page 4 box 13 (Less standard security or mortgage)?

buddy9

annie1 said:

Myself and my late mother are the only executors. Do I make any mention of her in page 1 box 10?

For the declaration will the following be ok?

That I am

Any name, son of said Any Name (deceased) and Executor Nominate conform to his will dated 4th November 2009 which is produced,docquetted and signed. Any Name who was also appointed executor predeceased the said deceased.

My late mother passed away just under 2 years ago. Both her and my fathers names were on the title deeds with a survivorship clause so no confirmation was required for her. Should I include her name in the property description on the inventory?

They had taken some equity in the form of a lifetime mortgage. Does this get included in the description of the property on the inventory or on page 4 box 13 (Less standard security or mortgage)?

Your late mother’s name should not be entered in box 10

I suspect your entry for para 2 would be accepted if you tweak the will wording to read which is produced herewith, signed and docquetted as relative hereto

(While some applicants include the name of the declarant executor and the deceased in para 2, they are shown elsewhere on the declaration page and normally don’t need to be included in para. 2.)

There are two ways of dealing with mortgage (standard security) debt for which the deceased was liable

1. In the Inventory, the debt is shown against the property entry and deducted from the property value, or

2. The full property value is shown in the inventory entry and the mortgage debt is deducted in box 13 on page 4.

These are essentially the options given in Currie on Confirmation.

However, rather confusingly, the guidance in the HMRC C3 says that if the debt has been deducted in the inventory (option 1), then the debt should be added to the total in box 11 and the debt then entered in box 13 as a deduction. This approach would potentially cause a discrepancy between the inventory self-calculation total and the total entered in box 11.

So unless deducting the debt in the inventory would bring the estate value within a lower court fee level, it seems easier just to go with option 2.

The house passed wholly to your father when your mother died. Standard property description only required with no reference to the survivorship clause or to your late mother in the property entry in the inventory.

annie1

Thank you buddy9 for your quick reply. I will go back and review these items. 

annie1

buddy9 said:

annie1 said:

Myself and my late mother are the only executors. Do I make any mention of her in page 1 box 10?

For the declaration will the following be ok?

That I am

Any name, son of said Any Name (deceased) and Executor Nominate conform to his will dated 4th November 2009 which is produced,docquetted and signed. Any Name who was also appointed executor predeceased the said deceased.

My late mother passed away just under 2 years ago. Both her and my fathers names were on the title deeds with a survivorship clause so no confirmation was required for her. Should I include her name in the property description on the inventory?

They had taken some equity in the form of a lifetime mortgage. Does this get included in the description of the property on the inventory or on page 4 box 13 (Less standard security or mortgage)?

Your late mother’s name should not be entered in box 10

I suspect your entry for para 2 would be accepted if you tweak the will wording to read which is produced herewith, signed and docquetted as relative hereto

(While some applicants include the name of the declarant executor and the deceased in para 2, they are shown elsewhere on the declaration page and normally don’t need to be included in para. 2.)

There are two ways of dealing with mortgage (standard security) debt for which the deceased was liable

1. In the Inventory, the debt is shown against the property entry and deducted from the property value, or

2. The full property value is shown in the inventory entry and the mortgage debt is deducted in box 13 on page 4.

These are essentially the options given in Currie on Confirmation.

However, rather confusingly, the guidance in the HMRC C3 says that if the debt has been deducted in the inventory (option 1), then the debt should be added to the total in box 11 and the debt then entered in box 13 as a deduction. This approach would potentially cause a discrepancy between the inventory self-calculation total and the total entered in box 11.

So unless deducting the debt in the inventory would bring the estate value within a lower court fee level, it seems easier just to go with option 2.

The house passed wholly to your father when your mother died. Standard property description only required with no reference to the survivorship clause or to your late mother in the property entry in the inventory.

I may be missing something. If I dont include the deceased executor in para 2 then where would I put her?

buddy9

The reference to deceased is not a reference to the deceased executor. In this case the deceased would be your late father.

annie1

@buddy9. Sorry my mistake, I misread it. Many thanks for clearing that up.

crashedandcool

If I submit the confirmation form to the court and it's rejected do I have to pay an additional fee or penalty to resubmit it? And does that change if a solicitor is submitting it(again).