Grant of Confirmation

buddy9

If it is a branch-based account and can be described as such in the inventory then it could be listed under moveable estate in Scotland, otherwise it's personal estate in England and Wales.

Cacti24

Just coming back on to give @buddy9 a huge thankyou for their help on my C1 journey.

Edinburgh Sheriff Court took 6 weeks to process my sisters Confirmation from submission in mid January.

I did have to prompt them at the 6 week mark - the recorded message on their phone line advised that confirmations were taking 5-6 weeks - after which I sent an email to CRU@scotcourts.gov.uk to ask if there was an issue. They came back v quick to reply and I then called them. That seemed to speed things along

Lauriston

This is probably a trivial question, but the whole confirmation process seems so fussy that I have become wary of the slightest detail.

I’m handling my deceased mother’s estate, and trying to do so without a lawyer (I had been managing her finances for several years under power of attorney, so I know the estate like the back of my hand). It’s a large estate (in the Sheriff Court sense) and includes a house, so I had to submit an IHT400 Inheritance Tax form. I’ve just received the go-ahead from HMRC to apply for Confirmation (no tax to pay; for anyone interested in current processing times, I posted my IHT400 on April 4th and received a reply from HMRC by email on April 30th).

I had to provide a copy of my C1 form when submitting the IHT400, which I did, having signed and dated it. I put the same date on the C1 as my IHT400 (4th April). My question is this: do I keep that date when I submit the C1 to the Sheriff Court (which I will do in person in a week’s time) – and therefore use the same date (4th April) for the docquet on the will – or should I put the date that I actually go to the Sheriff Court on the C1 and the docquet?

buddy9

Lauriston said:

This is probably a trivial question, but the whole confirmation process seems so fussy that I have become wary of the slightest detail.

I’m handling my deceased mother’s estate, and trying to do so without a lawyer (I had been managing her finances for several years under power of attorney, so I know the estate like the back of my hand). It’s a large estate (in the Sheriff Court sense) and includes a house, so I had to submit an IHT400 Inheritance Tax form. I’ve just received the go-ahead from HMRC to apply for Confirmation (no tax to pay; for anyone interested in current processing times, I posted my IHT400 on April 4th and received a reply from HMRC by email on April 30th).

I had to provide a copy of my C1 form when submitting the IHT400, which I did, having signed and dated it. I put the same date on the C1 as my IHT400 (4th April). My question is this: do I keep that date when I submit the C1 to the Sheriff Court (which I will do in person in a week’s time) – and therefore use the same date (4th April) for the docquet on the will – or should I put the date that I actually go to the Sheriff Court on the C1 and the docquet?

I think if you submit the documents with 4 April date it should not be a problem.

Lauriston

A question about the presentation in the inventory of estate “elsewhere” (i.e. outside the UK). There are some Santander shares in the estate for which I’m submitting a C1, which I think count as being “elsewhere” (i.e. in Spain).

Page 3 of the C1 says that estate should be listed under these headings and in this order:

• Estate in Scotland (heritable property first)

• Estate in England and Wales

• Estate in Northern Ireland

• Summary for confirmation

• Estate elsewhere (say in which country)

Given which, I propose to go with the following (see image; the figures are all made up, but the logic should be clear). I’m a bit worried about the fact that his means putting a detail entry (the description of an asset) AFTER the summary for confirmation. Since you’re supposed to give a summary for estate elsewhere (according to “Notes to help you fill in form C1” p.13), that total is now separated from the other totals in the summary for confirmation by the detail entry. (That said, given that value of the estate elsewhere is excluded from the figure in box 9 “total estate for confirmation” and box 11 “gross value of estate”, maybe this doesn’t matter).

I would be interested to know if anyone has had a similar challenge (my Mum can’t have been the only person to have been given shares in Abbey National which subsequently became shares in Santander) and dealt with it the same way.

Should I be worried by the fact that the "carried forward" total at the bottom of the page - given this is the final page of the inventory - is not the figure that figures in boxes 9 and 11 (which is £260 000)?

buddy9

Where there is estate outside the United Kingdom, the items should be described fully in the 2nd column of the inventory below ‘Estate Elsewhere’. Do not place their value in the 4th column.

The Total for Confirmation does not include ‘estate elsewhere’, but estate outside the United Kingdom is included in the calculations for IHT on page 5 of the C1.

If the value of estate outside the United Kingdom exceeds £100,000 then an estate will not be an excepted estate and an IHT 400 would be required.

Everypennysaprisoner

Middle of the night post as I can't sleep.
I received confirmation but had to submit a C1 form, for an additional asset, because I'd forgotten to include a refund due for overpayment of care home fees. This was also granted and I received this in another clear binder. This had to be sent off to the care home head office to receive the refund, which came through at the end of last month. Long winded, I know, but should that document which has the estate total on it be returned to me or do the care home keep it? 

buddy9

Too late now, but if you want to retain an original grant document, an additional certificate of confirmation for the item should be used.

Eagle24

Thank you for all the useful info shared on this forum. it was invaluable. I also want to highlight the help I received from Dumbarton Sheriff Court who reviewed a draft C1 for me and flagged a couple of small points* to me before I travelled from Edinburgh with the final version. Well worth enquiring if that is an option. They also turned everything round within 2 weeks. 

*One point I hadn't noticed or seen in here is that the Will did not include my husband's middle name, but I gave it in the C1 so we had to refer to that in the declaration. But thanks to the guidance here the C1 I produced included pretty much everything that it needed to 👍

omarali

Just jumping on here for some advice. Father  moved from Scotland to England in May 2024 and moved to a care home. He died a few weeks ago and his will is with sols in Glasgow. Straighforward will spilt between his 4 children. No property to sell and several accounts still in banks in Glasgow. Question is do we need to apply for probate in England or confirmation in Scotland?