Grant of Confirmation

Bluebird67

Thanks so much for this @buddy9. Hopefully, I'll be able to submit the form tomorrow; something I'd never have been able to do without all the amazing help I've received from this forum. I'll let you know how it goes.

grannycaz

With all the help posted in this thread I am now at the point of handing in my completed C1 form for my father's estate. I just have one query though. I had two joint bank accounts with my father which were put in in my name after he died. He also had a property and I am confused if whether I need to apply for a Copy Grant of Confirmation for the house or a Certificate of Confirmation? Any help would be much appreciated.

buddy9

grannycaz said:

With all the help posted in this thread I am now at the point of handing in my completed C1 form for my father's estate. I just have one query though. I had two joint bank accounts with my father which were put in in my name after he died. He also had a property and I am confused if whether I need to apply for a Copy Grant of Confirmation for the house or a Certificate of Confirmation? Any help would be much appreciated.

Strictly, the amount in the joint accounts to the extent owned by your father, should be listed in the inventory. (See guidance on page 8 of C3).

If there is an owned house which is to be sold or transferred, a certificate of confirmation specifically for the house is usually the option. Are you certain that the title shows that your father owned the house, and owned it outright?

If the house is to be sold and the estate is under IHT thresholds, be mindful of the potential to be caught for CGT - so do not undervalue the house.

grannycaz

To be strictly accurate as my name was only on the account and the accounts really belonged to my father I put the full balances in the inventory. The value I put on his flat was what other flats have sold in his block very recently. It is still below the threshold.  In the original title sheet the property is described as 123 Sea View, Anytown but when they were updated this year to show he owned it outright it reads 123 Esplanade, Anytown - the will also reads 123 Sea View, Esplanade, Anytown. I am a bit concerned this will cause a problem When I put the property in the inventory I used the description that was on the updated title this year. Would this be ok?

buddy9

grannycaz said:

To be strictly accurate as my name was only on the account and the accounts really belonged to my father I put the full balances in the inventory. The value I put on his flat was what other flats have sold in his block very recently. It is still below the threshold.  In the original title sheet the property is described as 123 Sea View, Anytown but when they were updated this year to show he owned it outright it reads 123 Esplanade, Anytown - the will also reads 123 Sea View, Esplanade, Anytown. I am a bit concerned this will cause a problem When I put the property in the inventory I used the description that was on the updated title this year. Would this be ok?

So there are three separate descriptions:

123 Sea View, Anytown 

123 Esplanade, Anytown

123 Sea View, Esplanade, Anytown

I don’t think that the house description will cause an issue for the Confirmation but conveyancing is another issue.

It is important to include the Land register number. 

In your position I would use what I considered to be the accurate postal address. Plus, being a flat, the inventory description might be more robust if it included a brief description of the flat replicated from the title such as : being the second floor flat etc etc …..

Increasing the flat value a bit might avoid CGT liability if the flat sells for more than stated.

TheCaspie

Hi
Can anyone help?  This is our current declaration:  That I am along with NAME of ADDRESS previously of OLD ADDRESS and NAME of ADDRESS the executors nominate of the said deceased, conform to her will dated 26th November 2013 which is herewith exhibited, docquetted and signed as relative hereto and that myself and the said NAME and NAME are the children of the deceased. 

Is that ok as is?  Do I need to refer to any more documentation.  For Example - My Mum's will has her old address on it...she put in an update of her address along with my brother and me and confirmed my other brother's address was the same.   This was in the form of a handwritten note which the solicitor has stapled to the will.  It is in my mum's handwriting clearly but not stamped or has no date on it.  

Do I need to say the above and add change of address and that the update is on handwritten note attached to will?  Then docquet that handwritten note along with the will?  AND do I need to add a covering letter explaining? 
Thank you 

buddy9

TheCaspie said:

Hi
Can anyone help?  This is our current declaration:  That I am along with NAME of ADDRESS previously of OLD ADDRESS and NAME of ADDRESS the executors nominate of the said deceased, conform to her will dated 26th November 2013 which is herewith exhibited, docquetted and signed as relative hereto and that myself and the said NAME and NAME are the children of the deceased. 

Is that ok as is?  Do I need to refer to any more documentation.  For Example - My Mum's will has her old address on it...she put in an update of her address along with my brother and me and confirmed my other brother's address was the same.   This was in the form of a handwritten note which the solicitor has stapled to the will.  It is in my mum's handwriting clearly but not stamped or has no date on it.  

Do I need to say the above and add change of address and that the update is on handwritten note attached to will?  Then docquet that handwritten note along with the will?  AND do I need to add a covering letter explaining? 
Thank you 

Here are my thoughts:

The Para 2 suggestion below assumes

• that I have understood correctly that 3 will addresses are different

• that there are 3 co-executors

• that there are no name changes:

That I am 

along with [FULL NAME 1] of [ADDRESS] and [FULL NAME 2] of [ADDRESS], the executors nominate of the said deceased, conform to her will dated 26th November 2013 which is herewith exhibited, docquetted and signed as relative hereto and that myself, the said [FULL NAME 1], and the said [FULL NAME 2] are all children of the deceased. In said will the said deceased is designed as residing at [WILL ADDRESS] a former address, I am designed as residing at [WILL ADDRESS] a former address, and the said [FULL NAME 1] is designed as residing at [WILL ADDRESS] a former address.

……………………….

The handwritten note is not a codicil so is informal. I would leave it attached, do not refer to it, do not docquet it. Write the declaration ignoring the note. Do not include a separate explanation.

TheCaspie

Thank you.  The declarant's address is correct.  The handwritten note updates three addresses yes.  The will has the deceased's former address and doesn't mention any other addresses in it.  However the hand written note, from the deceased, updates her address, my address and the third executor.  Also, the third executor's address is now the same as the deceased and has been since March 2023.  

TheCaspie

Also - sorry to ask another question - I appreciate the help!  As someone has mentioned before - My late father was initially the executor.  Should I also add to para 2  

'NAME', the husband of the said deceased who was appointed executor nominate primo loco in said will, predeceased the said deceased.  (Do I need to include the death certs and do these need to be mentioned in para two and therefore docquetted?) 

I am concerned I won't fit everything in? 

Do you also need to docquet any valuations or other paperwork that are mentioned in the inventory?  
Am I ok to send in a word doc. instead of filling in the inventory box on the C1?
if so, can I just type 'For inventory, see separate sheet' on the actual C1?  Would this need docquetted too? 

Thank you! 

buddy9

So if there are no addresses in the will for the children presumably they are described by relationship. And on that basis I would see para 2 looking something like this

That I am 

along with [FULL NAME 1] of [ADDRESS] and [FULL NAME 2] of [ADDRESS], the executors nominate of the said deceased, conform to her will dated 26th November 2013 which is herewith exhibited, docquetted and signed as relative hereto. [FULL NAME], the husband of the said deceased who was appointed executor nominate primo loco in said will, predeceased the said deceased. I am the [daughter/son] of the said deceased, the said [FULL NAME 1] is the [son/daughter] of the said deceased, and the said [FULL NAME 2] is the [son/daughter] of the said deceased. In said will the said deceased is designed as residing at [WILL ADDRESS] a former address.

………………

Father’s death cert not needed. Do not submit any valuations or other inventory paperwork. See SCTS website for documentation needed