C1 Scotland Inventory

Joeshmoe

buddy9 said:

Joeshmoe

If mother had capacity to be an executor at the time of father's death, it might be worth raising this issue of judgement with the solicitor who dealt with your sister's petition for appointment to see if they would assist with processing father's Confirmation.

So, in regards of my Mums confirmation. Do you think this format will be enough to get it. All the money is in Mums name so nothing there from Dads side. Its just the house from Dads side. 

buddy9

Joeshmoe said:

So, in regards of my Mums confirmation. Do you think this format will be enough to get it. All the money is in Mums name so nothing there from Dads side. Its just the house from Dads side. 

I can only offer a personal view in terms of my understanding of the system. It looks OK to me once the real information and values are inserted.

Joeshmoe

buddy9 said:

Joeshmoe said:

So, in regards of my Mums confirmation. Do you think this format will be enough to get it. All the money is in Mums name so nothing there from Dads side. Its just the house from Dads side. 

I can only offer a personal view in terms of my understanding of the system. It looks OK to me once the real information and values are inserted.

Many thanks for you help on this. With regards to my Dads. Do you know what wording would be best in the last line. i'm assuming I can use most of the same wording for the house. The "predeceasing spouse Mary Bloggs" bit..

buddy9

Joeshmoe said:

buddy9 said:

Joeshmoe said:

So, in regards of my Mums confirmation. Do you think this format will be enough to get it. All the money is in Mums name so nothing there from Dads side. Its just the house from Dads side. 

I can only offer a personal view in terms of my understanding of the system. It looks OK to me once the real information and values are inserted.

Many thanks for you help on this. With regards to my Dads. Do you know what wording would be best in the last line. i'm assuming I can use most of the same wording for the house. The "predeceasing spouse Mary Bloggs" bit..

No - this is incorrect.

Your father died first therefore there is no predeceasing spouse. Item 2 would not be included in the inventory for father's estate.

I was under the impression that father was intestate and that your sister had been decerned executor dative but that no Confirmation had been applied for. On that basis a bond of caution will be imosed by the court. And with it likely comes compulsory engagement of a solicitor. So I am puzzled why you are drafting a C1 for you father's estate.

Joeshmoe

buddy9 said:

Joeshmoe said:

buddy9 said:

Joeshmoe said:

So, in regards of my Mums confirmation. Do you think this format will be enough to get it. All the money is in Mums name so nothing there from Dads side. Its just the house from Dads side. 

I can only offer a personal view in terms of my understanding of the system. It looks OK to me once the real information and values are inserted.

Many thanks for you help on this. With regards to my Dads. Do you know what wording would be best in the last line. i'm assuming I can use most of the same wording for the house. The "predeceasing spouse Mary Bloggs" bit..

No - this is incorrect.

Your father died first therefore there is no predeceasing spouse. Item 2 would not be included in the inventory for father's estate.

I was under the impression that father was intestate and that your sister had been decerned executor dative but that no Confirmation had been applied for. On that basis a bond of caution will be imosed by the court. And with it likely comes compulsory engagement of a solicitor. So I am puzzled why you are drafting a C1 for you father's estate.

Yes, you are correct. I thought I would be able to do all this myself, even bond of caution. Looks Like I will need a  solicitor after all. Would I still be able to submit the C1 for Mum AND engage a solictor. Would save me a fair bit.

buddy9

Joeshmoe said:

Yes, you are correct. I thought I would be able to do all this myself, even bond of caution. Looks Like I will need a  solicitor after all. Would I still be able to submit the C1 for Mum AND engage a solictor. Would save me a fair bit.

Mum's executor is not caught by a bond of caution and would be able to submit C1. 

oxford1035

Hi all,
l am about to begin completing the C1. l am applying for confirmationn for my Mum's estate in hich l am the executor and she had a will. There is no IHT. First of all, what is the correct wording for thedeclaration as l have seen different versions  i.e That i am.... some have the following - which Will is hereby produced, docquetted and signed by me as relative hereto. Other versions l've seen mention nothing about docquetted.

My other question relates to property. My Mum and Dad and myself owned my home in England as joint tennants. My Dad passed away in 2015, so the house passed to my Mum and myself, and now the house has passed to me. Do i have to include my house in England in the C1 inventory?

buddy9

oxford1035 said:

Hi all,
l am about to begin completing the C1. l am applying for confirmationn for my Mum's estate in hich l am the executor and she had a will. There is no IHT. First of all, what is the correct wording for thedeclaration as l have seen different versions  i.e That i am.... some have the following - which Will is hereby produced, docquetted and signed by me as relative hereto. Other versions l've seen mention nothing about docquetted.

My other question relates to property. My Mum and Dad and myself owned my home in England as joint tennants. My Dad passed away in 2015, so the house passed to my Mum and myself, and now the house has passed to me. Do i have to include my house in England in the C1 inventory?

Suggestion below. This assumes that Mum’s name and address in the will (and yours) is the same as the details entered on page 1 of the C1.

That I am

the executor nominate of the deceased conform to her will dated [            ] herewith exhibited, docquetted and signed as relative hereto, and that I am the [son][daughter] of the deceased 

The house in England is not included in the inventory, but the value of Mum’s share of the house needs to be used in calculating the IHT values on page 5.

oxford1035

buddy9 said:

oxford1035 said:

Hi all,
l am about to begin completing the C1. l am applying for confirmationn for my Mum's estate in hich l am the executor and she had a will. There is no IHT. First of all, what is the correct wording for thedeclaration as l have seen different versions  i.e That i am.... some have the following - which Will is hereby produced, docquetted and signed by me as relative hereto. Other versions l've seen mention nothing about docquetted.

My other question relates to property. My Mum and Dad and myself owned my home in England as joint tennants. My Dad passed away in 2015, so the house passed to my Mum and myself, and now the house has passed to me. Do i have to include my house in England in the C1 inventory?

Suggestion below. This assumes that Mum’s name and address in the will (and yours) is the same as the details entered on page 1 of the C1.

That I am

the executor nominate of the deceased conform to her will dated [            ] herewith exhibited, docquetted and signed as relative hereto, and that I am the [son][daughter] of the deceased 

The house in England is not included in the inventory, but the value of Mum’s share of the house needs to be used in calculating the IHT values on page 5.

Hi Buddy,
Many thanks for your prompt reply. Just so l'm clear and haven't misled you, Mum lived in Scotland in her home and l live in England. But the adresses will be on page 1. Am l right in thinking that l don't have to put a value anywhere on the C1 for my home in England, but as you say, only need to consider the value for IHT, which l know is nder the IHT threshold anyway?

buddy9

oxford1035 said:

Hi Buddy,
Many thanks for your prompt reply. Just so l'm clear and haven't misled you, Mum lived in Scotland in her home and l live in England. But the adresses will be on page 1. Am l right in thinking that l don't have to put a value anywhere on the C1 for my home in England, but as you say, only need to consider the value for IHT, which l know is nder the IHT threshold anyway?

I had assumed that mum had died domiciled in Scotland due to the need to complete C1 form. Your comments are correct.

My comment about addresses was relevant to the declaration. If any names and addresses have changed since the will was written, then the changes need to be declared and explained in the declaration.