C1 Confirmation help required

motherwellshot

I am helping a friend with a C1 submission to Falkirk Sheriff Court. Confirmation is required by a bank. The estate is valued at circa £110,000, no heritable property. The court has rejected the initial C1. 

The deceased's home address was in the Strathclyde Sheriffdom and is shown in the Will. They passed away in the Tayside Sheriffdom. The court is saying that 2 parts of the C1 are incorrect but I'm struggling to see where this is:

Under the declaration, do we delete the address of the executor?

Cxxxxx Xxxxxx, daughter of the said deceased of XXXXXXXXXXXXXXXX

and: 1.

Mxxx xxxx xxxxxx residing sometime at xxxxxxxxxxxxxxxxxxxxxxx and latterly at xxxxxxx, xxxxxx.

and: 2 of the declaration:

the executor nominate of the deceased conform to the Will of the deceased dated xxxxxx 2011 which is produced herewith, docquetted and signed by me as relative hereto and that I am the daughter of the said deceased. Having never been married to or in a civil partnership with the deceased. In said will the said deceased is designed as residing at XXXXXXXXXXXXXXXXXXXX a former address. 

As the deceased passed away in a care home, do we not make any reference to her previous main residence address? This is the part I am finding confusing as the court just said it's wrong and wouldn't disclose what is actually wrong. The Will contains her former address.

Any guidance would be most grateful.

buddy9

Suggestions below:.

If the deceased was permanently in a care home, use the care home address in box 4 of page 1.

First box of page 2. Enter only name and address of executor (needs to match box 10 on page 1)

In page 2 para 1 box enter only full name of deceased.

In page 2 para 2 enter

That I am 

the daughter and executor nominate of the deceased conform to the will dated [xxxxxx 2011] which is produced herewith, docquetted and signed by me as relative hereto. In said will the said deceased is designed as residing at [will address] a former address. 

This assumes that there is a single executor and that there are no other name, address, or executor differences in the will.

You could post a redacted copy of the other pages if you want comment.

motherwellshot

Thanks Buddy.

Yes, just the one executor, the daughter of the deceased. 

Box 4 on Page 1 - already included the care home address - this was the new permanent home of the deceased.

Appreciate your advice, fingers crossed it gets through this time.

buddy9

motherwellshot said:

Thanks Buddy.

Yes, just the one executor, the daughter of the deceased. 

Box 4 on Page 1 - already included the care home address - this was the new permanent home of the deceased.

Appreciate your advice, fingers crossed it gets through this time.

I have made comment on completion of the items that you mentioned, but I do not necessarily see that this would correct two errors. Is it possible one or more errors are elsewhere on the form?

RAS

I can see some of the details that you attempted to redacted. Might be wisest to remove, go over them again and re-post? 

motherwellshot

I have posted a redacted copy on here now. The deceased was known as XXXXX or XXXXXX - two surnames in the Will and this has been replicated on the C1. I have now deleted all references to her previous address as the care home was the official residence albeit for a short time. I'm pretty sure the declaration looks correct in part 2? The executor is one of the daughters, the other was not named in the Will.

buddy9

motherwellshot said:

I have posted a redacted copy on here now. The deceased was known as XXXXX or XXXXXX - two surnames in the Will and this has been replicated on the C1. I have now deleted all references to her previous address as the care home was the official residence albeit for a short time. I'm pretty sure the declaration looks correct in part 2? The executor is one of the daughters, the other was not named in the Will.

This thread involves a deleted post and an edited post. The sequence might be unclear for others to follow. 

……………….

I suggest you make the following changes in respect of the amended C1 in the above edited post.

Page 2

Box at top of page

Include only the name and address of the executor (as suggested previously)

Box in para 2

I suggest that you replace the text here with the text I previously suggested.

That I am 

the daughter and executor nominate of the deceased conform to the will dated [xxxxxx 2011] which is produced herewith, docquetted and signed by me as relative hereto. In said will the said deceased is designed as residing at [insert will address] a former address.

Inventory

In the summary, include the monetary totals within the second column rather than in the third column.

………………

This all assumes that there are no errors in the will, nothing else in the will that needs to be corrected, and that the will is an original and is correctly docquetted with the same date as the C1.

motherwellshot

Submitted to court today. They didn't reject it and have said it shall be reviewed in a week owing to current backlogs. Thanks for your help, much appreciated. It's certainly a fine art!

estatehelpplease

Hi, I need some help with filling in the legal declaration. I am Executor Nominate along with my sister. I am the person completing and signing the C1. This is my proposed wording:

‘Mr Xxxx, son and Executor-Nominate of the late [full name of deceased], conform to the Will of the deceased dated xxxx which is produced herewith docquetted and signed by me as relative hereto, do solemnly and sincerely declare that I will faithfully administer the estate of the deceased and distribute the same according to law. I further declare that the Inventory of estate lodged herewith contains a full and true account of the whole estate in respect of which Confirmation is required, and that this declaration is true to the best of my knowledge and belief.

In the said Will, xxxx, 11 Anytown, Anywhere,  daughter of the late deceased are also appointed as Executor Nominate.’

Is the wording acceptable? Do I need to add the part relating to my sister? 

Thanks in advance

tombaba

Hi. I had to deal with my late mother's then father's Wills as Executor Nominate and found that the Court initially rejected both C1 forms (years apart) but were very helpful if you managed to speak personally (or go in to see them). I think they are over cautious where a Solicitor is not involved but more and more people are realising that it is possible to do these forms by themselves, where grief and stress is overcome.
Your wording looks good to me but be aware that they may wish your sister to countersign as she is also mentioned in the Will and they may wish her to convey Executor Nominate power to you to act on her behalf. Be prepared for initial rejection of course. Good Luck!

buddy9

tombaba said:

Your wording looks good to me but be aware that they may wish your sister to countersign as she is also mentioned in the Will and they may wish her to convey Executor Nominate power to you to act on her behalf. Be prepared for initial rejection of course. Good Luck!

This is inaccurate. Only one signature on C1. No acting on behalf of another executor.