Grant of Confirmation

DelRioDan

Thank you buddy9 for the last feedback. The deceased died without a valid will so Executor Dative was granted by a sheriff court. In terms of the wording for the 'Declaration', does this read ok? That I am 'Executor Dative qua Wife of said deceased, conform to decree granted by The Sheriffdom of xxxxxx at xxxxxx on day month year'. Does anything else need to be included? All of the deceased's estate will be exhausted by prior rights as Intestate so the Executor will inherit everything.

buddy9

Para 2 needs some tweaks and a bit more content. Here is an example:

That I am 

The executrix dative qua wife of the said deceased conform to decree granted by the sheriff of [insert sheriffdom] at [insert place] on [insert date] and have right by virtue of section 8 and 9(2) of the Succession (Scotland) Act 1964, to the whole estate of the said deceased.

...............

Use the exact wording as it appears in the decree. Could be executor or executrix, or qua wife or qua relict.

Also pen though the following words:

In para 3 'along with the said.’

In para 4 ‘other than that mentioned in paragraph 2’.

DelRioDan

Thanks again buddy9. If applying for Confirmation for a joint bank account as well as the house, in the Inventory do you put the total value of the house and balance of the bank account at date of death or is it more like the example below?

buddy9

Items in the inventory need to be listed separately and under the appropriate headings as shown in the guidance form C3. And a summary box included.

The house example seems appropriate (for a house registered in the land register)

You might also wish to include a separate inventory entry for house contents under moveable estate in scotland, for example

Contents of 4 Orr place

Owned in common by deceased and spouse.

Valued by executor   £4,200

Whereof one half is                                                2,100

………………………………………………………………..

Here is an example for a joint bank account

Bank of Scotland, Oban branch

Sort code 88 88 88 Account number 00000000

in name of deceased and spouse

Balance at date of death

including interest    £4420

Whereof one half                                                     2,210

…………………………………………………………………

DelRioDan

Thank you budd9 and everyone else who has contributed to this channel.

trishinoz

Hello
My mum died recently and I am tasked with the job of applying for confirmation as one of her executors.  I thought, as she has left everything to my dad, and from reading the HMRC notes o the form C1
that it would be quite straightforward, but having read through these pages, not so much.

While there is no property, there is a lot of bank accounts, buildings society accounts, bonds, insurances and shares.  Would anyone be able to provide me with a redacted form C1 with any of these so that I can copy the layout and information needed for each account/share.  Do I have to detail each share individually or can I just detail the stocks and shares account with Halifax?  She also has some shares issued directly from companies - BT, Barclays - I assume that I just use the registered office for these accounts? There is also some joint accounts with my dad which I need to word correctly.

Any help on being able to visually view what I'm required to do would be greatly appreciated as that would hopefully help me get started!  At the moment I am feeling somewhat overwhelmed!

Thank You

buddy9

trishinoz said:

Do I have to detail each share individually or can I just detail the stocks and shares account with Halifax?  She also has some shares issued directly from companies - BT, Barclays - I assume that I just use the registered office for these accounts? There is also some joint accounts with my dad which I need to word correctly.

Currie on Confirmation advises that they should be listed under the heading of the plan or nominee company - and then to either value each shareholding and account in the portfolio or to separately value the investment as a block, (including any cash held within, accrued interest and xd dividends).

Shares issued directly need to be individually valued - and using the registered office for location.

trishinoz

Thank you buddy9. I'm getting started on filling in the information on the form C1 today and think I know how to present the information now so this is a great help.

trishinoz

Can I also confirm that box 25 should be nil if all the inheritance is being left to a spouse.  I have the Gross Value of the Estate (Box 23) which is equal to the total estate for confirmation.  In Box 24 I have then netted off the funeral expenses. But in Box 25 - Net qualifying value of Estate I have put 0, as all the estate has been left to my dad.  Just want to check this is correct.

Many thanks

buddy9

trishinoz said:

Can I also confirm that box 25 should be nil if all the inheritance is being left to a spouse.  I have the Gross Value of the Estate (Box 23) which is equal to the total estate for confirmation.  In Box 24 I have then netted off the funeral expenses. But in Box 25 - Net qualifying value of Estate I have put 0, as all the estate has been left to my dad.  Just want to check this is correct.

Yes. If all passes to spouse (and children have renounced legal rights, if any) then NQV (box 25) will be zero.