Grant of Confirmation

kipperman

Brilliant, thanks

strengthandhonor

I am starting the C1 form for my late mother and looking for some advice on whether to use the word Will or Settlement on the C1 declaration (Page2 Box2)? I picked up the what was referred to as the Will from the solicitor but note that this document has SETTLEMENT written on it as opposed to the word Will.

Thanks in advance .....

moxie35

I'm pleased to add to this hugely valuable forum.

I am the executor of my late mother's estate and would welcome advice on several aspects of it for the C1 form I'm currently filling in. The first of these is a joint bank account I held with her. She contributed all the funds for this account and when she passed away the bank made me the sole account holder, with full access to the money. I've already read advice on this forum suggesting such money should be included in the inventory as 'money of the deceased held by the executor', so as to avoid making the account details public. Would this be correct in my case? It seems strange that I have to count the money as part of the estate, given that the bank has already granted me full access to it.

The next aspect is similar. My mother had a life insurance policy and the money in that was paid out to me on her passing. Should I put this in the inventory? My understanding is that it isn't necessary I put such money in the inventory but it would be just as well for me to do so as long as it doesn't take the estate over the threshold for Inheritance Tax. Is that correct?

The next aspect seems rather more complicated. My mother and father held a joint National Savings investment account with a small amount of money in it. My father passed away two years before my mother but because I didn't have to go through the estate-gathering process for him I neglected to tell NS&I of the change in circumstances. I only discovered the account after my mother passed away and have been informed by the bank that since the account was still in joint names when she passed away I should include it in the inventory as such and specify her half-share of the money only. However, I've also queried the matter with Glasgow Sheriff Court and an advisor there has suggested that since I didn't have to go through the process of getting Confirmation for my father's estate it would be acceptable for me to include the account in the inventory in my mother's name only and just specify all the money in it. I would appreciate advice as to what the correct approach would be and how I can explain the anomaly of the account details in the inventory if necessary.

The next aspect seems trivial and I feel hesitant about raising it. My mother's will states that her funeral expenses should be paid and I paid these out of my own funds. Should I state these formally for present purposes as coming out of her estate? I would also like to know if I should include additional expenses such as those for flowers etc. It seems the above point about the inheritance tax threshold applies here also.

Lastly I would like to say that I lived with my mother and we were co-owners of the house we occupied. The house has passed to me through survivorship and I presently occupy it. Should I still include her half-share of the property at the end of the form for Inheritance Tax purposes?

Thanks for reading and any advice would be greatly appreciated.

buddy9

strengthandhonor said:

I am starting the C1 form for my late mother and looking for some advice on whether to use the word Will or Settlement on the C1 declaration (Page2 Box2)? I picked up the what was referred to as the Will from the solicitor but note that this document has SETTLEMENT written on it as opposed to the word Will.

Thanks in advance .....

Some wills which established trusts were described as ‘Trust, Disposition and Settlement’ but ‘will’ has a wide meaning and I think you would be OK to use ‘will’.

buddy9

moxie35

Joint account

On the basis that your mother contributed all the funds, even though you have access to the account, the account balance at the date of death is part of your mother’s estate.

The details are only public to the extent that someone could purchase a copy of the Confirmation from the court. Given that you have access to the money, you could give minimum detail in the inventory.

Life insurance

If the policy was for your benefit then it is likely not included.

Funeral expenses

If you are effectively being reimbursed from the estate, enter the cost of funeral expenses as an estate expense (include associated costs).

Co owned house

If you are certain that the house title shows both of you as co-owners and includes a survivorship clause which has not been cancelled (evacuated), then the house share is not included in the inventory but the value of mother’s half-share of the property is included in the calculation of gross IHT etc. on page 5.

National Savings investment account

Do you need to produce a Confirmation Certificate to access the funds from this account?

moxie35

Many thanks for your advice buddy9. I hope you will address a further query.

By 'minimum detail' do you mean the account provider and type of account only, or these things plus the account number and sort code? I recall an earlier post in which it is advised not to include the account number and sort code of an account that is open, and wonder if that advice would apply in my case also.

With regard to the investment account I do not need to produce a Confirmation Certificate and the money in the account was released to me without issue by NS&I when I notified them of it. I should have mentioned this in my initial post and apologise for not doing so.

I will check with the relevant people regarding other important points you make.

Your advice is again very much appreciated.

buddy9

moxie35 said:

I recall an earlier post in which it is advised not to include the account number and sort code of an account that is open, and wonder if that advice would apply in my case also.

That would seem appropriate here.

With regard to the investment account I do not need to produce a Confirmation Certificate and the money in the account was released to me without issue by NS&I when I notified them of it.

I would therefore follow the guidance from the court official.

As above in bold.

moxie35

That's great. Many thanks again buddy9.

strengthandhonor

Many thanks buddy9 for your advice.

I think (hope) I have two final questions before I complete and submit my C1 form and give thanks in advance to and advice on these:

#1 In the case of a single executor, i.e. me as the Executor Nominate of my late mother's estate; on Page 2 Section 3 do I leave the 'along with the said' on the printed C1 or do I strike through 'along with the said' on the printed form?

#2 With respect to Item Numbers in the Inventory section, I have looked through example/shared inventory on this forum and have seen an example that only puts an Item Number against Items of Value (and shows a separate Item number against each sub item in a section i.e. an item number for a bank acc. and a separate item number for an ISA) and I also seen an example/shared inventory that looks to put an Item number against all sections (i.e. Estate in Northern Ireland, SUMMARY FOR CONFIRMATION items, Estate elsewhere etc). Is there a preferred way of Item Numbering in the Inventory (better still is there a preferred way that the court will accept?

Inventory Format1:



Inventory Format2:

buddy9

Put a line through ‘along with the said’

Inventory format 1 looks appropriate.