Return of confirmation paperwork and using nil rate band of pre-deceased spouse

Dot18

Hi,
After putting together confirmation paperwork ourselves with support from the forum here we thought we should just get solicitor to double check the final version and submit it for us - unfortunately while the advice from this forum was all correct (thank you those that commented) the bits the solicitor advised on have been flagged as incomplete. I think most issues are straightforward to resolve but wanted to check wording for the new declaration.

I had previously:
Executrix nominate and daughter of the said deceased, together with  xxxx(name of executor 2) of xxxx (current address in codicil but not in will), son of the said deceased, confirm to the Will of the said deceased dated xxx (date  of will), and codicil of the said deceased dated xxx(date of codocil). In the said Will xxx(executor 3), formerly off xxx(previous address in will)and now of xxxx (current address abroad), son of the said deceased, is named as executor, but he has declined to act confirm to letter of declinature dated xxx. The said Will, Codicil and Letter of Declinature are produced herewith docquetted and signed as relative hereto. 

Proposed amendment due to
1) above not referring to the previous address of sibling 1  and only mentioning the one in the codicil
2) not mentioning the previous address of the deceased that was in the original will
3) Declaration not making any mention of the husband who is appointed executor in the will

is the insertion of 2 sentences before the last sentence that states

In the said will the deceased was designed as residing at her former address of xxx(address in will)  and xxx(name of executor 2 is designed as residing at xxx(previous address)

Mr xxxx (name of husband) predeceased the deceased.


Is this correct and sufficient?

We have also clicked yes to 
For Inheritance Tax, is the estate an excepted estate? and
I/we claim against this estate the unused proportion of the Inheritance Tax nil rate band of a pre-deceased spouse or civil partner of the deceased.

Are we correct in that no details of our father's will or confirmation need to be submitted along with the paperwork? The solicitor has seen electronic copies of these but they didn't go in with the paperwork so the Sherriff Court won't have. I would have thought they might at least need a copy of the confirmation paperwork and this may also have to be docquetted and signed?

Any advice again very welcome - many thanks

buddy9

To fully understand the executor situation - How many executors were specified in the will? Were any (whom failing) substitutes? What change to executors did the codicil introduce?

Dot18

Hi Buddy 9, executors in will were my dad myself and my 2 brothers. Dad passed away some years ago leaving 3 three of us to act but one has declined as he is abroad where contact is difficult. Codicil makes no mention of executors - was to do with variation in 3 way split of inheritance as brother received part of his when he needed it. 

Thanks

buddy9

Here is a suggestion based on your example, but with some changes. Note ‘conform’ not ‘confirm’. Use full names no titles.

That I am

Executrix nominate and daughter of the said deceased, along with xxxx of xxxx, son of the said deceased, conform to will dated xxx, and the codicil thereto dated xxx. In said will xxxx and xxxx are also appointed executors, but the said xxxx predeceased the deceased and the said xxx, formerly of xxx and now of xxxx, has declined to act conform to letter of declinature dated xxx. In said will the said deceased is designed as residing at xxx, a former address and the said xxx is designed as residing at xxx, a former address. Said will, codicil and letter of declinature are produced herewith signed and docquetted as relative hereto. 

…………………………………………………………………

Because the deceased’s will address has changed, you should include both addresses in para 1 of page 2. For example: xxxx xxx xxxx residing sometime at xxxxx and latterly at xxxxx

Only the two acting executors should be listed in box 10 of page 1.

If the estate (for IHT) is over £325k (and not greater than £650k) and you are claiming unused nil rate band of a predeceasing spouse, there is no need to supply supporting details with the C1 application. If the estate (for IHT purposes) is less than £325k then there is no need to tick box 22 to claim the unused nil rate band of a predeceasing spouse.

Dot18

Thank you @buddy9