Grant of Confirmation

buddy9

but_hopeful said:

Before submitting my application can I just check:

1) Page 5, Question 21, if excepted estate, Yes, the form is now complete means I ignore Questions 22-25 lol
2) Covering letter, is there an example someone could direct me too? or help me word this. There will be one certificate required for the title deeds.

3) More importantly, and slightly off topic
I think the title deeds still include my mum's late husband, and I'm not sure if, when the mortgage lender was paid in full, this was discharged. Do these have to be changed before I submit the application?
Many thanks

Qs 22 to 25 need to be completed in all cases (unless an IHT 400 is being completed). You will have the application returned to you if you do not complete.

Was the house in joint ownership (50/50) in your mum’s name and her late husband?

If so, was there a survivorship clause in the title?

If no survivorship clause, who inherited the late husband’s house share?

Was Confirmation issued in respect of the late husband? If so was the house share included in the Confirmation inventory?

but_hopeful

@buddy9 thank you for the quick reply, Ive included a wee bit of history

I'll complete Q22-25 

The house was owned jointly 50/50

I have a copy of her late husband's will he left the house to mum, ASSIGN, DISPONE, BEQUEATH AND MAKE OVER TO MY WIFE...if she didn't survive him then the house would have been his and he bequeathed it to his son. He's our stepdad. However, he died first, at this point mum changed her will to include myself, my brother and sister too, her other children.  So I think all is good there.

Confirmation was not issued for late husband.

buddy9

but_hopeful said:

The house was owned jointly 50/50

With or without a survivorship clause? This aspect is important.

kipperman

Many thanks to all and especially @buddy9 for answers up till now. Could you perhaps check my statement for Box 2 and Page 2.

Context is - Our mother died in a care home after about 18 months. There are three executors ( me, my brother and sister, all children)  and a codicil to the will. All three of us have moved since the will was written


This is my first attempt after going through this thread.

(That I am) along with Donald Duck residing at 12 Any Road, Toytown and Daisy Duck residing at 15 Madeup Street, Toytown the executors nominate  of the said deceased conform to her Will dated the 25th October 2011 and the Codicil to the said Will dated 17th June 2015 which are herewith exhibited, docquetted and signed by me as relative thereto and that myself, the said Donald Duck and Daisy Duck  are children of the deceased. In said Will and in the Codicil to the said Will the said deceased is designed as residing at 16 Common Close, Nowhere  a previous address. In  said will I am designed as residing at 19 RedStreet, Somewhere a previous address. In said will Donald Duck is designed as residing at 20 Some Street, Middlewhere a previous address. In said will Daisy Duck is designed as residing at 18 Fictitious Street, Couldbeanywhere   a previous address.

Questions 

1)Is the general form OK?
2) I note from a previous post that I could use the following in Box 1 of Page 2 ( declaring name of deceased)

[full name] residing sometime at [will address] and latterly at [address]" rather than referring to my mothers home before moving into care in the declaration. Are both correct?

3) Can I assume that the wording of doquetting is the same irregardless of the number of executors as it is me (as declarant executor) that is doquetting the will and the codicil?

but_hopeful

@buddy9 how can I tell if there is a survivorship clause?
Is this a separate document?

but_hopeful

@buddy9 I think I've found it

This is the wording in mum's late husbands will

in the event of her surviving me by a period of thirty one days and that in absolute  property ALL and SUNDRY the whole means and the estate heritable and moveable, real and personal, of every kind and description and wheresoever situated and which shall belong to me or be adebted to me or over which I may have the power of disposal or appointment at the time of my death   

but_hopeful

@buddy9 also I've had a look at the title deeds and it states:

Names (mum and her husband) equally between them and to the survivor of them

With this and the wording of his will, I gather there is a survivorship clause....? therefore, no need for confirmation for her late husband and the property passed to her without the need to change title deeds? and her will is valid to include named children for heritable estate. 

Are you able to direct me to what's required on the covering letter? 
and help with q22-25?
I feel I'm becoming a nuisance!

buddy9

but_hopeful said:

@buddy9 also I've had a look at the title deeds and it states:

Names (mum and her husband) equally between them and to the survivor of them

With this and the wording of his will, I gather there is a survivorship clause....? therefore, no need for confirmation for her late husband and the property passed to her without the need to change title deeds? and her will is valid to include named children for heritable estate. 

Are you able to direct me to what's required on the covering letter? 
and help with q22-25?
I feel I'm becoming a nuisance!

Having a survivorship clause in the proprietorship section of the title means that your mum became the sole owner of the house on her husband’s death. In the inventory you therefore include the whole house.

Q22 if the estate value for IHT is below the IHT NRB (£325,000) you can tick no.

Q23  this will be the same as the gross value for confirmation (box 11). But where, for example, there are items such as non-exempt gifts that are taken into account for IHT, then this total will be greater than box 11.

Q24 This is the box 23 value minus funeral costs and liabilities. Where box 11 equals box 23, box 24 is likely to be the same as box 15 value.

Q25 in your case this will be the same as box 24 value.

There is no special magic about the cover letter but look at the SCTS website and the post by Durks on page 86 of this thread.

buddy9

kipperman

The proposed content for para 2 looks ok. You could modify it slightly in line with the following

along with [name and address] and [name and address] the executor nominate of the said deceased conform to her will dated the 25th October 2011 and the codicil thereto dated 17th June 2015 which are herewith exhibited, docquetted and signed by me as relative thereto and that myself, the said [name] and the said [name] are children of the said deceased. In said Will and in the said Codicil, the said deceased is designed as residing at [address] a previous address. In said will I am designed as residing at [address] a previous address, the said [name] is designed as residing at [address] a previous address, and the said [name] is designed as residing at [address] a previous address.

Regardless of what you put into the box in para 1, the address difference should be referenced in para 2 - as you have done.

The wording of the docquets is by the declarant, therefore is the same regardless of the number of executors.

but_hopeful

@buddy9 thank you again...just one last question....that's me now completed the form because it's an excepted estate, so no need to put a zero in q26?