Grant of Confirmation

buddy9

Wenlock_the_terrible said:

Thanks to all of you that have shared knowledge on this and other threads in helping with the completion of the C1 confirmation form.

I am completing the inventory of my fathers investments. He held investments through UK investment platforms and one such fund is listed on the NYSE Arca exchange (US).

Should this be listed as “Personnal estate in England and Wales”, since that is where the investment platform is based or “Estate Elsewhere” ?

Some of his other investments are in funds that are incorporated and in custody overseas, principally Ireland, so should these also be listed under “Estate Elsewhere”?

Thanks

My understanding is that funds held by companies registered in England or Wales should be listed under ‘personal estate in England and Wales’.

Funds held by companies registered outside the UK (foreign) are listed under ‘estate elsewhere’. In the inventory summary, list the estate total outside the UK in ‘estate elsewhere’. Itemise the estate outwith the UK below the summary with the appropriate heading of the country in which the estate is situated. Foreign estate is not confirmable and the description and value are shown in the second column - the value does not show in the fourth column.

While not confirmable, the value of the foreign estate is included in the estate IHT calculations in page 5.

An estate which includes foreign estate in excess of £100,000 is not an excepted estate.

Tiredandhungry

Hi, I’m hoping someone might be able to assist in reviewing my declaration due to some complex circumstances. Apologies in advance for the long post. 

I am executor together with my brother for our grandmother. We were not named in the Will - our aunt was nominated but has passed away and our grandmother’s solicitor at the time was named as a second option after her. My brother and I acted as our grandmother’s guardians before she passed away herself last year. Since her death, we contacted the law firm that prepared her will/where the solicitor worked and have had a deed of renunciation and appointment prepared by a different solicitor there and signed by all parties, nominating us to act in her stead.

Also relevant is that our grandmother owned a property but spent the last year+ of her life at a local hospital, in part due to delays with us being appointed guardians and then her quick deterioration once she was placed on the waitlist.

We have sought a few tips here and there from the other solicitor but are preparing the confirmation form ourselves to save money. He advised that we would be Executors Nominate in our scenario. He said that we should note our grandmother’s change of address in the declaration on Para 2 but I found another example doing so in Para 1, so have done both, in different ways, respectively – is this right?

I have tried to piece together what I can from the various examples given but due to the unusual circumstances I would appreciate some help in piecing together the bits I have needed to add! I’ve also not been able to fit the whole drafted declaration for para 2 into the pdf form so considered printing and writing it out but I’m worried it’s too long for that also?

Do I need to docquet/provide death certificates for both our grandmother and our aunt?!

Redacted wording I’ve drafted below:

1. Who declares that the deceased (full name)

[Grandmother’s name] residing sometime at [Her house where she lived before going into hospital], latterly at [Hospital address] and formerly at [Different house address given in Will].

2. That I am

[Name] along with [Brother] residing at [Address] the Executor Nominate of the deceased conform to her Will dated [XXX] which is exhibited, docquetted and signed by me as relative hereto, and that I and the said [Brother] are grandchildren of the said deceased. In the said Will the deceased is designed as residing at [Address], a former address. I and the said [Brother] were appointed in place of Executor Nominate [Former Solicitor] Nee [Maiden Name as given in Will], care of [Law Firm she used to work for – she wouldn’t deal with us directly. This is the address given for her in the deed] by way of Deed of Renunciation and Appointment dated [XXX]. The said [Former Solicitor] is designed as residing at [Previous Address] in the said Will, a former address. A child of the deceased, [Aunt’s Name], is nominated as executrix in the said will as relative hereto, but she died on [XXX]. Her Death Certificate numbered [XXX] is exhibited, docquetted and signed by me hereto.

buddy9

Tiredandhungry said:

Hi, I’m hoping someone might be able to assist in reviewing my declaration due to some complex circumstances. Apologies in advance for the long post. 

I am executor together with my brother for our grandmother. We were not named in the Will - our aunt was nominated but has passed away and our grandmother’s solicitor at the time was named as a second option after her. My brother and I acted as our grandmother’s guardians before she passed away herself last year. Since her death, we contacted the law firm that prepared her will/where the solicitor worked and have had a deed of renunciation and appointment prepared by a different solicitor there and signed by all parties, nominating us to act in her stead.

Also relevant is that our grandmother owned a property but spent the last year+ of her life at a local hospital, in part due to delays with us being appointed guardians and then her quick deterioration once she was placed on the waitlist.

We have sought a few tips here and there from the other solicitor but are preparing the confirmation form ourselves to save money. He advised that we would be Executors Nominate in our scenario. He said that we should note our grandmother’s change of address in the declaration on Para 2 but I found another example doing so in Para 1, so have done both, in different ways, respectively – is this right?

I have tried to piece together what I can from the various examples given but due to the unusual circumstances I would appreciate some help in piecing together the bits I have needed to add! I’ve also not been able to fit the whole drafted declaration for para 2 into the pdf form so considered printing and writing it out but I’m worried it’s too long for that also?

Do I need to docquet/provide death certificates for both our grandmother and our aunt?!

Redacted wording I’ve drafted below:

1. Who declares that the deceased (full name)

[Grandmother’s name] residing sometime at [Her house where she lived before going into hospital], latterly at [Hospital address] and formerly at [Different house address given in Will].

2. That I am

[Name] along with [Brother] residing at [Address] the Executor Nominate of the deceased conform to her Will dated [XXX] which is exhibited, docquetted and signed by me as relative hereto, and that I and the said [Brother] are grandchildren of the said deceased. In the said Will the deceased is designed as residing at [Address], a former address. I and the said [Brother] were appointed in place of Executor Nominate [Former Solicitor] Nee [Maiden Name as given in Will], care of [Law Firm she used to work for – she wouldn’t deal with us directly. This is the address given for her in the deed] by way of Deed of Renunciation and Appointment dated [XXX]. The said [Former Solicitor] is designed as residing at [Previous Address] in the said Will, a former address. A child of the deceased, [Aunt’s Name], is nominated as executrix in the said will as relative hereto, but she died on [XXX]. Her Death Certificate numbered [XXX] is exhibited, docquetted and signed by me hereto.

Is the renunciation and appointment document signed by the person who is named in the will as the substitute executor?

Is the document actually described as a ‘Deed of Renunciation and Appointment’?

Was grandmother permanently resident in the hospital? What address are you entering for her in page 1 of the C1?

buddy9

You will need to produce the death certificate for your grandmother (not docquetted or referenced). 

Having the address difference referenced only in para 2 should suffice.

No answers to my questions above, so here is a best guess suggestion for page 2 para 2. I assume that you have the original will and deed.

That I am

By her will dated [xxx] the deceased appointed [AB] whom failing [CD] to be her executor. The said [AB] predeceased the said deceased. The said [CD] is now named [CZ] and now resides at [address]. By deed of assumption dated [xxx] (include all dates if more than one) the said [CZ] assumed myself and [EF] residing at [address] as executors and then resigned the post of executor. Said will and deed of assumption are produced herewith signed and docquetted as relative hereto. In said will the said deceased is designed as residing at [xxx] a former address. I and the said EF are grandchildren of the said deceased. I am the executor nominate of the said deceased along with the said EF.

Tiredandhungry

buddy9 said:

Tiredandhungry said:

Hi, I’m hoping someone might be able to assist in reviewing my declaration due to some complex circumstances. Apologies in advance for the long post. 

I am executor together with my brother for our grandmother. We were not named in the Will - our aunt was nominated but has passed away and our grandmother’s solicitor at the time was named as a second option after her. My brother and I acted as our grandmother’s guardians before she passed away herself last year. Since her death, we contacted the law firm that prepared her will/where the solicitor worked and have had a deed of renunciation and appointment prepared by a different solicitor there and signed by all parties, nominating us to act in her stead.

Also relevant is that our grandmother owned a property but spent the last year+ of her life at a local hospital, in part due to delays with us being appointed guardians and then her quick deterioration once she was placed on the waitlist.

We have sought a few tips here and there from the other solicitor but are preparing the confirmation form ourselves to save money. He advised that we would be Executors Nominate in our scenario. He said that we should note our grandmother’s change of address in the declaration on Para 2 but I found another example doing so in Para 1, so have done both, in different ways, respectively – is this right?

I have tried to piece together what I can from the various examples given but due to the unusual circumstances I would appreciate some help in piecing together the bits I have needed to add! I’ve also not been able to fit the whole drafted declaration for para 2 into the pdf form so considered printing and writing it out but I’m worried it’s too long for that also?

Do I need to docquet/provide death certificates for both our grandmother and our aunt?!

Redacted wording I’ve drafted below:

1. Who declares that the deceased (full name)

[Grandmother’s name] residing sometime at [Her house where she lived before going into hospital], latterly at [Hospital address] and formerly at [Different house address given in Will].

2. That I am

[Name] along with [Brother] residing at [Address] the Executor Nominate of the deceased conform to her Will dated [XXX] which is exhibited, docquetted and signed by me as relative hereto, and that I and the said [Brother] are grandchildren of the said deceased. In the said Will the deceased is designed as residing at [Address], a former address. I and the said [Brother] were appointed in place of Executor Nominate [Former Solicitor] Nee [Maiden Name as given in Will], care of [Law Firm she used to work for – she wouldn’t deal with us directly. This is the address given for her in the deed] by way of Deed of Renunciation and Appointment dated [XXX]. The said [Former Solicitor] is designed as residing at [Previous Address] in the said Will, a former address. A child of the deceased, [Aunt’s Name], is nominated as executrix in the said will as relative hereto, but she died on [XXX]. Her Death Certificate numbered [XXX] is exhibited, docquetted and signed by me hereto.

Is the renunciation and appointment document signed by the person who is named in the will as the substitute executor?

Is the document actually described as a ‘Deed of Renunciation and Appointment’?

Was grandmother permanently resident in the hospital? What address are you entering for her in page 1 of the C1?

Hi, thank you! Apologies, I didn't get an email notification re a response.


Yes, the former solicitor/second choice for executor signed it, along with myself and my brother as the new executors. 

Actually, it is referred to on the cover sheet as 'Deed of Assumption, Conveyance and Resignation' - good point there! I can amend any references accordingly. It was confusing because my previous description is how it was always referred to in solicitor correspondence. 

Yes, I think so? In the sense that she spent 100% of her time there from admission in December 2022 to her death in September 2024, bar a few relatively short admissions to another hospital for complications. I originally had her hospital address as her address on page 1 but amended it to be her property address upon reflection later because I wasn't sure if a hospital would ever be deemed her new 'permanent' address. Which do you think is best? 

Thank you! 

Tiredandhungry

buddy9 said:

You will need to produce the death certificate for your grandmother (not docquetted or referenced). 

Having the address difference referenced only in para 2 should suffice.

No answers to my questions above, so here is a best guess suggestion for page 2 para 2. I assume that you have the original will and deed.

That I am

By her will dated [xxx] the deceased appointed [AB] whom failing [CD] to be her executor. The said [AB] predeceased the said deceased. The said [CD] is now named [CZ] and now resides at [address]. By deed of assumption dated [xxx] (include all dates if more than one) the said [CZ] assumed myself and [EF] residing at [address] as executors and then resigned the post of executor. Said will and deed of assumption are produced herewith signed and docquetted as relative hereto. In said will the said deceased is designed as residing at [xxx] a former address. I and the said EF are grandchildren of the said deceased. I am the executor nominate of the said deceased along with the said EF.

Okay, thank you! 

We do, yes. 

That's brilliant, thank you. I was struggling with how best to word all the extra references needed. 

Do we need to produce and/or docquet the death certificate for my aunt? 

buddy9

While a hospital address can be used if someone is there permanently, in most cases a property address would be appropriate.

Death cert for aunt should not be needed.

Flapjack321

Hi,

I think I'm almost ready to submit my C1 application. But I have a few concerns.

Does the format of the inventory below look acceptable.

Are the bank details okay? Both accounts are at the Tain branch but I've listed them separately as the sort codes are different.

Also I've listed the refunds owed to the deceased under Estate in Scotland but I notice BT and OVO are registered in England.

Best regards.

buddy9

I presume that you need Confirmation to access bank account money.

The bank entry should pass ok.

I think that some utility refund entries have bounced where companies were based in England and Wales even though there is no guidance on how they should be recorded. Perhaps leave out the company name and make it generic. I think a lot of applicants do not include these low value items (though I did say previously to list them).

Flapjack321

Thank you so much Buddy9 for the invaluable advice.