C1 form Property listed on will different address

BrianB13531

Hi, this could be a tricky question so thank you if anyone has the answers.
My dad passed away in November. We have his signed will which leaves his property (a different house to the one he owned when he died) to an ex girlfriend who has passed away and as she has predeceased him everything goes to myself and my 2 sisters.
Also it says on his will the lawyer he used to write the will was to be the executor but they went out of business in 2012.
I would like to be the executor so the problems I have filling in the C1 are the wording for:-

property listed on the will address different from the one he owned when he died
Ex girlfriend name on the will has predeceased him
My address and my 2 sisters addresses on the will are different from where we all currently live
I'm not the named executor on the will but I want to be
Also the place of death do I just put "at home (1 main street)"

I asked a solicitor about this but she said it would cost £350 an hour for her to do it so again thank you for any help

doodling

Hi,

Did the solicitors actually go out of business or were they taken over?  You will probably need a get any successor solicitors to step down as exexutor (renounce) before you can take over.

If the will left a specific property to someone and the deceased no longer owns that property then, unless there is some wording in the will saying something different, that bequest fails - the beneficiary does not get something else instead.

Providing that there is no ambiguity about who is meant in the will then their addresses don't matter.

buddy9

Some initial thoughts below:

property listed on the will address different from the one he owned when he died

The previous house would not be mentioned in the C1.

The house listed in the will was not owned at the date of death therefore its reference in the will is of no consequence because you cannot leave what you do not own. An exception would be if there were words in the will which said ‘or any other replacement house’ or words to that effect. Even then the previous house wouldn’t be listed on the C1

The house that was owned at the date of death, if solely owned by your father, would be entered on the C1 inventory in the normal way.

Ex girlfriend name on the will has predeceased him

If she was named only as a beneficiary then possibly only consequence for the C1 might be a reference in the declaration (depends on other factors)

My address and my 2 sisters addresses on the will are different from where we all currently live

Beneficiaries details do not appear on the C1. However if you were to act as executor (as below), the address differences would be explained in the C1 declaration.

I'm not the named executor on the will but I want to be

If you are a beneficiary named in the will you might be able to act as executor nominate qua residuary legatee in terms of section 3 of the Executors (Scotland) Act 1900, providing that there is a situation “failing any person so appointed’. Was the solicitor nominated as a person or as a practice? Wills often include a general proviso for a replacement practice in case a solicitor company fails. You would need to research the situation in this respect and the status of who took over the solicitor's files.

If you go down this road the para 2 declaration might be lengthy and different. (I could suggest appropriate wording if required). 

Also the place of death do I just put "at home (1 main street)"

Could be entered - Town, County

BrianB13531

Hi,

The solicitors were dissolved in 2013. I contacted the law society Scotland who gave me the name of the solicitors who took over the wills etc but they told me they didn't receive any details of my dad from the dissolved company and have no record of my dad's will.

 property listed on the will address different from the one he owned when he died

Only the previous property was mentioned in the will and not any replacement property 

Ex girlfriend name on the will has predeceased him

She was only named as a beneficiary and if she predeceased him or died in a common calamity the trustees are directed to make over her share of property etc to "my children"

I'm not the named executor on the will but I want to be

I am named as a beneficiary on the will and would like to act as executor nominate. 

The wording on the will 

I John Smith, residing at previous address hereby assign, dispose and convey and make over to the "dissolved company" registered under the companies act as trustees for my whole means and estate etc And i further nominate my trustees to be my sole executor and these presents are granted in trust for the following purposes namely.... etc

Any help with wording would be greatly appreciated.

I could post photos of the will if that would help

buddy9

It would be helpful to see the part of the will that deals with bequests (with personal details hidden)

BrianB13531

Hi Buddy here it is but it's on in reverse order pages 4 to 1 thank you

buddy9

This is helpful.  

One other question. If section 3 was relevant than yourself and siblings would all have entitlement to be executor and could all be co-executors or one or more could decline (and would have to produce a simple letter of declinature). Would this be problematic?

BrianB13531

We all get on and we've agreed I've to be the executor as i've got more time but I was wondering if we should all be executors for the sake of us all being accountable what do you think?

buddy9

Personal choice, one executor can be a single point of failure, multiple executors might be faced with a requirement for three separate signatures on documents.

………………………………

My interpretation of the bequests. (I am assuming that there was no surviving spouse).

Bequest 1. Legatee predeceased - no effect

Bequest 2. Legacy not owned by testator and therefore adeems - no effect

Bequest 3. Residue to children - directly and by substitution.

Section 3 of the 1900 Act  has two different descriptions that might be relevant - General Disponee and Residuary Legatee. My thinking is that while on the face of reading the will it looks as if you (the children) are Residuary Legatees, the actuality is that you inherit the whole estate (which includes a house) and are therefore General Disponees.

It is down to the court to determine the appropriateness of your application and you would not be considered an executor unless the Confirmation was approved and issued by the court.

If you plan submitting a C1 to the court on this basis, here is a possible example for para 2 based on one executor and two declinations. A letter of declinature would include a printed name and address (current) and a signature and could say - with reference to the will of the late [name], dated [date] I confirm that I do not wish to accept office as an executor and I hereby decline to act.

……………………………………………………………

That I am

along with [insert name and current address of sibling 1] and [insert name and current address of sibling 2] a general disponee of the deceased conform to the will dated [insert date] which is herewith exhibited and docquetted and signed by me as relative hereto. In said will, the said deceased appointed [insert solicitor detail as shown in will] to be his sole trustee and executor but the said [insert solicitor name] was dissolved in 2013. [insert Name and will address of ex-girlfriend] who is named as a beneficiary in said will, predeceased the said deceased. Accordingly, I and the said [name of sibling 1] and [name of sibling 2] are, by virtue of section 3 of the Executors (Scotland) Act 1900, held to be the executors-nominate of the said deceased. In said will, the said deceased is designed as residing at [insert will address] a previous address, and the said [insert name of sibling 1] and [insert name of sibling 2] and me are designed as residing at [insert will address] a previous address. The said [insert name of sibling 1 and sibling 2] have declined to act as executors conform to letters of declinature dated respectively [insert date1 and date 2], which letters of declinature are exhibited herewith and docquetted and signed by me as relative hereto. I am the son of the said deceased. I am by virtue of section 3 of the Executors (Scotland) Act 1900 held to be the executor-nominate of the said deceased, and, as such, entitled to be confirmed as executor-nominate.

…………………………………….

I have made some address assumptions. etc. You would need to check for accuracy.

If the para 2 box is too small for the text, the text can be printed on a separate sheet and the box marked ‘ see a paper apart’.

Para 1 of page 2 could include both addresses in the format Christine Jessie Smith residing sometime at 44 Hood Street, Linlithgow and latterly at 22 New Bridge Lane, Edinburgh 

Only the accepting executors are listed on page 1 of the C1.

BrianB13531

The work you've put into this answer is amazing and I sincerely thank you it's really appreciated!
I also should have said my 2 sisters surnames have changed since the will was written so would I have to write something to highlight this?

buddy9

The name change explanation should also be incorporated into para 2 entry.