Grant of Confirmation

Confusedexecutrix

buddy9 said:

I would agree, if the practice exists in the same way that it did in 1991, you could request rectification of the situation caused by their mistake, and at no cost to the estate. But if the will has passed between practices, I doubt liability would be accepted.

Thanks Buddy9, so that I am as prepared as can be, are you able to provide a source (& wording if possible) to evidence in 1991 will should have been signed on all pages? 

I have tried to find text of various acts as discussed throughout thread but just find timeline of changes, Im obviously looking in the wrong place. https://www.legislation.gov.uk/ukpga/Vict/37-38/94/section/39

thanks!

buddy9

GlamourPuss1 said:

My mother, myself and my sister were all named as executors in my father's will.  The will states "In the event of my said wife surviving me for a period of one calendar month I bequeath to her the whole residue of my estate as her absolute beneficial property."  Re the title deeds - I believe they are still held by the building society so I can only go there tomorrow and speak to them about it. 

If father died before 2022, you need to use the pre-2022 C1 and a C5 (if an excepted estate).

The declaration you have posted seems to be for your mother rather than your father.

Here is a suggestion that might suit your father’s situation - assuming three co-executors.

That I am

along with [sister’s full name] residing at [address], the executrix nominate of the said deceased, conform to his will dated [date] which is herewith exhibited, docquetted and signed by me as relative hereto. [Mother’s name], the wife of the said deceased is also nominated executrix but the said [mothers’s name] died before confirmation was expede.

Myself and the said [sister’s full name] are daughters of the said deceased. In said will I am designed as residing at *** a former address, and the said (sister’s name eg Jane Green Smith Brown née Smith) is designed as residing at ***, a former address.

If there is a survivorship clause the house ownership became your mother’s automatically and would not be shown in the inventory, (though father’s share would be included in the IHT calculation). If there is no survivorship clause, then father’s share needs to be shown in the inventory. There could be photocopies of the house deeds in personal papers. Copies of Deeds are available from Registers of Scotland. https://scotlis.ros.gov.uk/

The inventory should include the whole estate. Such as half the value of a joint bank account, where there is an assumption of equal ownership.

buddy9

Confusedexecutrix said:

Thanks Buddy9, so that I am as prepared as can be, are you able to provide a source (& wording if possible) to evidence in 1991 will should have been signed on all pages? 

I have tried to find text of various acts as discussed throughout thread but just find timeline of changes, Im obviously looking in the wrong place. https://www.legislation.gov.uk/ukpga/Vict/37-38/94/section/39

thanks!

Currie on Confirmation of Executors, 9th edition

Validity of testamentary writings made pre-August 1995

Various entries such as - para 4-81 a testamentary writing executed before August 1, 1995 is probative if it was subscribed by the testator on each page, in the presence of two subscribing witnesses.

References section 44(2) Conveyancing and Feudal Reform (Scotland) Act 1970 and the 

Deeds act 1696 (repealed 1995)

Meston, the Succession (Scotland) Act 1964

Attested wills before 1 August 1995

 para 6-18 They were signed on each page by the testator

SCTS staff Guidance

Pre August 1995 will checklist

If the will is on several pages, is each page signed?

Confusedexecutrix

Thanks @buddy9, much appreciated.

cyber_jag

This thread and others on here has been super helpful.  

Estate is (very simple) for our late mother who is leaving everything to her 2 sons (my dad died years ago and left everything to her).  Total value is well below Inheritance Tax level of £325K. 

On the last page 5, and need a little help please. Are these correct?

Page 5 / Box 23: Gross value for IT - I think this is same as Page 4 / Box 11 (and Page 1 / Box 9 and Page 2 / Box 6 for that matter). 

Page 5 / Box 24: Net value for IT - I think this is same as Page 4 / Box 15 (just Box 11 less a few funeral expenses etc).  

Page 5 / Box 25: Net qualifying value of estate - not sure if same as Box 24 or NIL as no Inheritance Tax due.  

Thanks. 

buddy9

If the estate is simple and there is nothing additional which affects inheritance tax calculation, such as non-exempt gifts etc, then

Page 5 / Box 23: Gross value for IT - I think this is same as Page 4 / Box 11 (and Page 1 / Box 9 and Page 2 / Box 6 for that matter). 

This is correct.

Page 5 / Box 24: Net value for IT - I think this is same as Page 4 / Box 15 (just Box 11 less a few funeral expenses etc).  

This is correct

Page 5 / Box 25: Net qualifying value of estate - not sure if same as Box 24 or NIL as no Inheritance Tax due.  

In this case, same as box 24.

see above in bold

cyber_jag

buddy9 said:

If the estate is simple and there is nothing additional which affects inheritance tax calculation, such as non-exempt gifts etc, then

Page 5 / Box 23: Gross value for IT - I think this is same as Page 4 / Box 11 (and Page 1 / Box 9 and Page 2 / Box 6 for that matter). 

This is correct.

Page 5 / Box 24: Net value for IT - I think this is same as Page 4 / Box 15 (just Box 11 less a few funeral expenses etc).  

This is correct

Page 5 / Box 25: Net qualifying value of estate - not sure if same as Box 24 or NIL as no Inheritance Tax due.  

In this case, same as box 24.

see above in bold

buddy9 - thank you very much for your help, not just on this question but all the others above.  You have been a tremendous resource to so many people on here.  

Particularly glad as I am off to court today to drop the form off and I had printed 2 versions of the last page: was going to guess when I got there!!

Myskyepie

Hi. I'm looking for help with Paragraph 2, Declarant executive.

My dad appointed his solicitor and my brother as executors. I have been assumed as executor. At the same time, the solicitor has resigned. I'm unsure what to say in paragraph 2 to describe this. I've uploaded a photo of the deed of assumption.

Thanks in advance for any guidance.

buddy9

Here is one option (suggestion), based on David being the declarant executor and based on having the original will and deed of assumption.

(Only David and Susan would be entered in box 10).

Delete ‘That I am’, and insert

By his will dated 4 June 2018, the said deceased appointed G G & B Nominees Limited and me to be his executors-nominate. By deed of assumption dated [include all dates if more than one] myself and the said G G & B Nominees Limited assumed Susan [name and address] as additional executor under the said will and the said G G & B Nominees Limited resigned the office of executor.  I am, along with the said Susan [name] the executors-nominate of the said deceased, and we are children of the said deceased. Said will and deed of assumption are produced herewith docquetted and signed as relative hereto. 

chickenface

Hi all, i'm in the unenviable position as all others here in trying to navigate the C1 form and hoping for help/clarity on a couple of points. 

My father was domiciled in England and I have gone through probate which was granted. He owned a property in Scotland, which I understand I need to go through confirmation for in order to transfer the deeds etc. 

On the C1 guidance notes it seems somewhat contradictory in places (though it may be the way I am reading it!) 

1. Do I only include the property and the contents that are held in Scotland as all else has been dealt with via English probate?

2. When filling in 'Questions about the estate' Q21 onwards - do I give the total amount that I included in the probate application or just that which relates to Scotland?

Any help would be gratefully appreciated. 

Thank you