Grant of Confirmation

vmatki

Thank you @Hattie627 again for your comprehensive answer.

It's still £8 if ordered at the time of submission; then £20 for the first and £8 for every additional if ordered later.

I think I'll advise my dad to speak with the various financial institutions and find out what they require, then order what he needs accordingly.

You're right; when he took her name off their joint accounts, some accepted a digital copy of the death certificate (Santander) and some required him to bring a physical copy into a branch (RBS). Very variable.

annie1

I'm helping a friend to complete the grant of confirmation for her mum's estate. On the will she is the sole executor. Her surname has changed as she got married since the will was written and her address has changed.
Any help with the wording for the declaration to cover this would be greatly appreciated.

buddy9

annie1 said:

I'm helping a friend to complete the grant of confirmation for her mum's estate. On the will she is the sole executor. Her surname has changed as she got married since the will was written and her address has changed.
Any help with the wording for the declaration to cover this would be greatly appreciated.

Suggestion

At top of page 2, include also maiden name.

For para 2.

That I am 

the daughter and executrix nominate of the said deceased, conform to her will dated [insert date] which is herewith exhibited, docquetted and signed by me as relative hereto. In said will I am named [insert will name] a previous name and I am designed as residing at [insert will address] a former address.

annie1

@buddy9 Thank you for your super quick response and for your help.

buddy9

FEE INCREASE

For anyone sitting on a C1 and has yet to apply for Confirmation, the court fees are increasing on 1st November 2024.

fee level £282 is going up to £341.

fee level £565 is going up to £684.

Panic_pants

Help please!

 I am on my last legs with the legalese  - and about to fall flat on my face as I am struggling to work out what and how to fit in everything that I need to in box 2 of the confirmation form declaration!

I was named as joint executor with my step-sister in our Dad’s will. However, my step-sister now lives abroad and a solicitor drafted a Deed of Assumption and Conveyance that detailed her resignation and our agreement to appoint my step mum as her successor. I was struggling with trying to find the right form of words to detail this in the declaration, and to top it off both I and my step sister have changed addresses since my Dad wrote his will. So I think I have way too much to fit into the form. I was thinking the wording should be something along the lines of:

“2. That I am

daughter and executor nominate of the deceased and conform to the Will of the deceased dated the Eleventh day of May, Two thousand and one which is produced herewith, docquetted and signed by me as relative hereto. In said Will, <my step sister's name> are also appointed as Executor Nominate but have declined to act as such under and in terms of the Deed of Assumption and Conveyance dated XXXXXXXX; and we, myself and <my step sister's name>, under and in terms of the said Deed of Assumption and Conveyance did appoint a new Executor <my step mum's name>, residing at <step mum's address> with the deceased at the time of his death, under and in terms of the said Will of the deceased.

In said Will I am designed as living at <my old address> and I now live at <my current address>; and <my step sister's name> is designed as living at <my step sister’s previous address>, and now lives at <my step sister’s current address>.”

 

1.      Is this a correct form of wording or if not, can anyone confirm the wording I should use to explain the situation?; and

2.      what I should do when I inevitably exceed the character limit in the box on the adobe form? Can I just hand write some further information on the form after I’ve printed it off?

3.      As both my change of address and my step sister’s change of address are mentioned in the Deed of Assumption and Conveyance – perhaps I don’t need to mention this on the form and can save some unnecessary words to fit everything else in?

Thanks very much for any help anyone can give.

Rosysmudge

Hoping someone here can help.  This thread has been absolutely invaluable!

I am in the process of completing the C1 for my late dad’s estate.  It is a fairly straightforward estate, except for the fact that my late mothers Will included an in-Will liferent trust for her share of their property. The in-Will trust named me, my brother and my dad as trustees with Dad having life use as the liferenter.  It is for the property only, with no other assets and terminates on the death of my father. 

Mum predeceased Dad and her estate was granted Confirmation in 2014, just after her death.  We’re awaiting the title deed from mum’s solicitor at the time, but I think the title deeds have remained in mum and dads’ names as joint owners.  Dad was advised they did not require to be changed as long as they were kept alongside mums’ confirmation as her will advises of the establishment of the liferent trust.  Mum and Dad also did an Evacuation of Special destination at the time they set up their wills which I have. 

The estate value is under IHT threshold so is an excepted estate.

·       Property valued at £180,000

·       Liferent trust value from mums will for one half of the property - £90,000. 

I am struggling with how I should present this on the C1.  I know for IHT purposes that the value of any trust must be included in the estate. 

Questions

·       Where on the C1 should this information be included and what wording should be used? Should it be shown in the inventory or elsewhere and simply included in the relevant figures’ boxes (net or gross?)

·       Should the value of the trust in the C1 be presented as its entire value of my mother’s share held in trust or one third which is what my father’s share of the trust would be? 

I’m really trying to avoid using a solicitor for this but appreciate trusts can make things complicated.  I also want to avoid the dreaded IHT400 but I’m confident that an in-will trust does not require separate reporting if the trust value is under £250k and the entire estate remains under the IHT threshold once the trust value is included.

Has anyone done a C1 with a liferent trust?  Any advice appreciated before I shell out for legal advice.  I’m sure all the answers are out there in the guidance but putting it all together is the headache!  

buddy9

Panic_pants said:

Help please!

 I am on my last legs with the legalese  - and about to fall flat on my face as I am struggling to work out what and how to fit in everything that I need to in box 2 of the confirmation form declaration!

I was named as joint executor with my step-sister in our Dad’s will. However, my step-sister now lives abroad and a solicitor drafted a Deed of Assumption and Conveyance that detailed her resignation and our agreement to appoint my step mum as her successor. I was struggling with trying to find the right form of words to detail this in the declaration, and to top it off both I and my step sister have changed addresses since my Dad wrote his will. So I think I have way too much to fit into the form. I was thinking the wording should be something along the lines of:

“2. That I am

daughter and executor nominate of the deceased and conform to the Will of the deceased dated the Eleventh day of May, Two thousand and one which is produced herewith, docquetted and signed by me as relative hereto. In said Will, <my step sister's name> are also appointed as Executor Nominate but have declined to act as such under and in terms of the Deed of Assumption and Conveyance dated XXXXXXXX; and we, myself and <my step sister's name>, under and in terms of the said Deed of Assumption and Conveyance did appoint a new Executor <my step mum's name>, residing at <step mum's address> with the deceased at the time of his death, under and in terms of the said Will of the deceased.

In said Will I am designed as living at <my old address> and I now live at <my current address>; and <my step sister's name> is designed as living at <my step sister’s previous address>, and now lives at <my step sister’s current address>.”

 

1.      Is this a correct form of wording or if not, can anyone confirm the wording I should use to explain the situation?; and

2.      what I should do when I inevitably exceed the character limit in the box on the adobe form? Can I just hand write some further information on the form after I’ve printed it off?

3.      As both my change of address and my step sister’s change of address are mentioned in the Deed of Assumption and Conveyance – perhaps I don’t need to mention this on the form and can save some unnecessary words to fit everything else in?

Thanks very much for any help anyone can give.

Here is a suggestion, but check for accuracy.

Delete That I am and insert

By his will dated the Eleventh of May 2001, the said deceased appointed [insert step sister's name and address] and myself to be her executors nominate. By deed of assumption dated [insert date/ or dates if more than one], myself and the said [insert step sister’s name]  assumed [insert step mothers name and address] as executor of the said deceased and the said [step sisters name] resigned the post of executor. I am the executor-nominate along with the said [step mother’s name]. I am the daughter of the said deceased and the said [insert step mother's name ] is the wife of the said deceased. In said will I am designed as residing at [insert will address] a former address; and the said [step sister's name] is designed as residing at [insert will address] a former address. Said will and deed of assumption are produced herewith signed and docquetted as relative hereto. 

Use full names

If not enough space in box 2, then type and print para 2 on a separate sheet, and in box 2 enter SEE A PAPER APART

later edited to change 'her' to 'his'.

buddy9

Rosysmudge said:

Hoping someone here can help.  This thread has been absolutely invaluable!

I am in the process of completing the C1 for my late dad’s estate.  It is a fairly straightforward estate, except for the fact that my late mothers Will included an in-Will liferent trust for her share of their property. The in-Will trust named me, my brother and my dad as trustees with Dad having life use as the liferenter.  It is for the property only, with no other assets and terminates on the death of my father. 

Mum predeceased Dad and her estate was granted Confirmation in 2014, just after her death.  We’re awaiting the title deed from mum’s solicitor at the time, but I think the title deeds have remained in mum and dads’ names as joint owners.  Dad was advised they did not require to be changed as long as they were kept alongside mums’ confirmation as her will advises of the establishment of the liferent trust.  Mum and Dad also did an Evacuation of Special destination at the time they set up their wills which I have. 

The estate value is under IHT threshold so is an excepted estate.

·       Property valued at £180,000

·       Liferent trust value from mums will for one half of the property - £90,000. 

I am struggling with how I should present this on the C1.  I know for IHT purposes that the value of any trust must be included in the estate. 

Questions

·       Where on the C1 should this information be included and what wording should be used? Should it be shown in the inventory or elsewhere and simply included in the relevant figures’ boxes (net or gross?)

·       Should the value of the trust in the C1 be presented as its entire value of my mother’s share held in trust or one third which is what my father’s share of the trust would be? 

I’m really trying to avoid using a solicitor for this but appreciate trusts can make things complicated.  I also want to avoid the dreaded IHT400 but I’m confident that an in-will trust does not require separate reporting if the trust value is under £250k and the entire estate remains under the IHT threshold once the trust value is included.

Has anyone done a C1 with a liferent trust?  Any advice appreciated before I shell out for legal advice.  I’m sure all the answers are out there in the guidance but putting it all together is the headache!  

This would be my understanding with respect to your circumstances.

The Evacuation of the Special destination will have removed a previous survivorship situation. The Grant of Confirmation for mum’s estate presumably includes in its inventory, mum’s half share of the house.

Dad was then an owner of a half share and had a liferent allowing continuing occupation.

There are surviving trustees so no need to refer to the liferent in (or as a note to) the inventory.

I would agree it is an excepted estate, settled property less than £250k and if gross total is below IHT threshold.

Your father’s half ownership share of the house should be shown in the inventory in the normal way. But I cannot see how your father would have a third interest in the trust. He was a trustee not a beneficiary.

The value of the house share held in trust should be used in the IHT calculations on page 5.

Panic_pants

buddy9 said:

Panic_pants said:

Help please!

 I am on my last legs with the legalese  - and about to fall flat on my face as I am struggling to work out what and how to fit in everything that I need to in box 2 of the confirmation form declaration!

I was named as joint executor with my step-sister in our Dad’s will. However, my step-sister now lives abroad and a solicitor drafted a Deed of Assumption and Conveyance that detailed her resignation and our agreement to appoint my step mum as her successor. I was struggling with trying to find the right form of words to detail this in the declaration, and to top it off both I and my step sister have changed addresses since my Dad wrote his will. So I think I have way too much to fit into the form. I was thinking the wording should be something along the lines of:

“2. That I am

daughter and executor nominate of the deceased and conform to the Will of the deceased dated the Eleventh day of May, Two thousand and one which is produced herewith, docquetted and signed by me as relative hereto. In said Will, <my step sister's name> are also appointed as Executor Nominate but have declined to act as such under and in terms of the Deed of Assumption and Conveyance dated XXXXXXXX; and we, myself and <my step sister's name>, under and in terms of the said Deed of Assumption and Conveyance did appoint a new Executor <my step mum's name>, residing at <step mum's address> with the deceased at the time of his death, under and in terms of the said Will of the deceased.

In said Will I am designed as living at <my old address> and I now live at <my current address>; and <my step sister's name> is designed as living at <my step sister’s previous address>, and now lives at <my step sister’s current address>.”

 

1.      Is this a correct form of wording or if not, can anyone confirm the wording I should use to explain the situation?; and

2.      what I should do when I inevitably exceed the character limit in the box on the adobe form? Can I just hand write some further information on the form after I’ve printed it off?

3.      As both my change of address and my step sister’s change of address are mentioned in the Deed of Assumption and Conveyance – perhaps I don’t need to mention this on the form and can save some unnecessary words to fit everything else in?

Thanks very much for any help anyone can give.

Here is a suggestion, but check for accuracy.

Delete That I am and insert

By her will dated the Eleventh of May 2001, the said deceased appointed [insert step sister's name and address] and myself to be her executors nominate. By deed of assumption dated [insert date/ or dates if more than one], myself and the said [insert step sister’s name]  assumed [insert step mothers name and address] as executor of the said deceased and the said [step sisters name] resigned the post of executor. I am the executor-nominate along with the said [step mother’s name]. I am the daughter of the said deceased and the said [insert step mother's name ] is the wife of the said deceased. In said will I am designed as residing at [insert will address] a former address; and the said [step sister's name] is designed as residing at [insert will address] a former address. Said will and deed of assumption are produced herewith signed and docquetted as relative hereto. 

Use full names

If not enough space in box 2, then type and print para 2 on a separate sheet, and in box 2 enter SEE A PAPER APART

Buddy9, thank-you so very much - that's a massive help. Can't begin to say how much I appreciate it. Like countless others on this forum, I have found the confirmation process a confounding dark art - and have benefited hugely from this thread. Thank you for all the help you've provided.