C1 Confirmation without Estate

Robin86

A pension company has contacted us saying a Lump Sum Death Benefit may be available on behalf of my late father.

They have stated they require Confirmation for this process to be completed. They have said the sum is at the discretion of the Trustee and should not be viewed as part of my late fathers estate.

With this being the case how do I complete the C1 form in particular the inventory section if the pension company stated this isn't part of his estate?

Thanks

buddy9

Regardless of the pension provider's request, do you otherwise need to apply for Confirmation.

Robin86

No it hasn't been required. The bank released the few thousand pounds he had in his account which was used to pay for funeral, a confirmation was never needed so not sure how to proceed.

buddy9

Did your father leave a will? If yes - are you executor? If no will - is there a surviving spouse?

Robin86

Yes he left a will and I am the Executor. I don't think he even remembered about this pension, it was from a job in the 70s. I don't think it will be much money but the provider won't give much more information.

buddy9

My thinking on the basis of what you say is that the payment is discretionary and is not part of the estate for IHT purposes, but it would form part of the estate which would be listed in a C1 inventory because it is being paid to the executor.

It seems an odd situation if the pension provider is only saying that a payment might be available. To complete the C1 you would need certainty that a payment was due and an idea of the amount.

If it is a modest amount, I wonder if the pension provider might be able to be convinced to pay it without Confirmation on the basis that Confirmation is not otherwise required in this case.

Another option is that the Sheriff Clerk will complete this for you under the small estates procedure if the estate total does not exceed £36,000. Though uncertainty on the amount of the pension payment might seem a barrier to this.

Robin86

Thanks for your time. Yes the uncertainty on the payment amount has confused me since they said this. I think my best option is to go to Sheriff Clerk under the small estates procedure as you have advised. Thanks again