Filling in the C1 form - Inventory

Joeshmoe

Still slightly confused with the inventory section when filling in the C1 form for confirmation.

Dad never left a will, sis is executor
Mum left a will, sis is executor.

In each C1 form do I just divide the expected value of the house and put 50% for each one ? (there is no survivlaist clause in the house deeds by the looks of it so I belive I have to do a confirmtation for dad as he left no will.)

Linton

By default 50% would be allocated to the parent who died first.  Presumably, though not necessarily, the house then went to the parent who died last who at the time of  their death owned 100%.

Joeshmoe

Linton said:

By default 50% would be allocated to the parent who died first.  Presumably, though not necessarily, the house then went to the parent who died last who at the time of  their death owned 100%.

But the deeds are in both their names. And as there is no survivialist clause in the deeds Ive bene led to believe I need to get confirmation for my dad.

buddy9

There is a degree of complexity in your situation.

You advised in the other thread that your sister was executor dative for your father's estate. For an intestate estate the surviving spouse is often first in line to be appointed executor dative. Why was your sister appointed executor? Did your mother decline?

You reference the need for a C1 for father's estate. If your sister was the executor, why was father's estate not administered?

Linton

Joeshmoe said:

Linton said:

By default 50% would be allocated to the parent who died first.  Presumably, though not necessarily, the house then went to the parent who died last who at the time of  their death owned 100%.

But the deeds are in both their names. And as there is no survivialist clause in the deeds Ive bene led to believe I need to get confirmation for my dad.

The deeds are in both their names.  Assuming they were joint owners as opposed to tenants in common on the death of one the other automatically acquires full ownership of the house.  However the IHT rules are different.  For tax purposes each is assumed to own 50%.  So the first to die pays IHT on the 50% if any is due.  But on the death of the first joint owner the secnd powner acquires full own ownership so when they die they are taxed on that 100%.

However inheritances between a married couple are not taxed so it doesnt matter financially.

To keep trhe records straight I believe you do need to get your fathers records straight first and then consider your mother's situation at the time of her death.

I am assuming that they were mnarried.

Joeshmoe

buddy9 said:

There is a degree of complexity in your situation.

You advised in the other thread that your sister was executor dative for your father's estate. For an intestate estate the surviving spouse is often first in line to be appointed executor dative. Why was your sister appointed executor? Did your mother decline?

You reference the need for a C1 for father's estate. If your sister was the executor, why was father's estate not administered?

My dad died of a respiratory disease caused by absestos. My sister became executor so lawyers could access his medical records I think. We never did anything when dad died. Mum just stayed on in the house. Didnt think we had to. I just loathe to pay layers 2 grand to do this.

buddy9

If sister was decerned executor dative to pursue litigation, one would anticipate that she would also have been confirmed as executor to give title to an action. Are you certain that confirmation was not issued for your father's estate at that time?

One difficulty here is that if sister now needs confirmation for father's estate, then she will need to obtain a bond of caution (which is insurance) to achieve this. And it may be a condition of issue of the bond that there is mandatory engagement of a solicitor as law agent.

How the house was owned is all important here. Are you certain that there is no special destination?  What house documentation do you have access to regarding ownership? Survivorship destinations are common - it could be as simple as the inclusion of words such as "equally and to the survivor".

Depending on the size and make up of your father's estate, your mother may have been entitled to the whole estate by 'prior rights' providing that they were married and, if there was no survivorship in the title, that she was ordinarily resident in the house. If there was no confirmation on father's estate, then the confirmation for mother's estate would contain entries in the inventory regarding this entitlement.

Ironically, the situation may have been easier if sister had not been appointed executor for father.

KTAnne

Hello can anyone help with the gifts made within 7 years rule . The question is around where are these noted? There’s no section on the C1 form
to detail this item. Any help
would be appreciated 

ColinGala

They don't require you to note gifts on the C1. Only information on assets at day of passing is required. You only note them on IHT403

buddy9

KTAnne said:

Hello can anyone help with the gifts made within 7 years rule . The question is around where are these noted? There’s no section on the C1 form
to detail this item. Any help
would be appreciated 

Non-exempt gifts are not listed on the C1 but they are included in the calculation of Gross estate for IHT in box 23.