C1 Confirmation help required

buddy9

estatehelpplease said:

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

I cannot imagine that this wording would be accepted.

Here is a suggested para 2 entry for two co-executors.

That I am

along with [sister’s full name and address] the executor nominate of the deceased conform to the will dated [date] which is produced herewith docquetted and signed by me as relative hereto and that I am the son of the deceased and that the said [sister’s full name] is the daughter of the deceased.

........................

This assumes that there are no differences in the will - such as name or address differences.

Both executors’ details are entered in box 10 on page 1. 

Both executor names are entered in the appropriate part of para 3 on page 2.

estatehelpplease

Thank you, should I remove the reference to the other Executor, my sister? 

estatehelpplease

Please ignore my last comment I had missed the previous reply, thanks

estatehelpplease

Hi, I’ve had the form rejected by the Sheriff Court as my postcode stated in the Will is incorrect, one letter is wrong. The Will states 4EU, when it should be 4AU. Can you suggest a form of wording to add to the legal declaration that would cover this. Thank you. 

buddy9

You could add this to your declaration:

In said will my address postcode is per incuriam written as xxx xxx instead of xxx xxx.

estatehelpplease

Thank you Buddy9 

zedher68

Hi. We need help with the C1 declaration, paragraph 2. I can't find any info on legal speak if there was no will.

My mum is the surviving spouse and will be executor dative and all of the estate will go to her  Should she word it as proposed dative as she hasnt been nominated? Should she further declare that she will faithfully adnimister the estate of said deceased according to the law and the rights of succession ?. Would that be enough?

buddy9

zedher68 said:

Hi. We need help with the C1 declaration, paragraph 2. I can't find any info on legal speak if there was no will.

My mum is the surviving spouse and will be executor dative and all of the estate will go to her  Should she word it as proposed dative as she hasnt been nominated? Should she further declare that she will faithfully adnimister the estate of said deceased according to the law and the rights of succession ?. Would that be enough?

‘faithfully administer the estate of said deceased according to the law and the rights of succession’ !!  is not terminology that is used in a declaration.

A person is only executor dative if appointed by the court. Where there is no will, then there is a need to apply to the court to be appointed executor dative. This is done separately before the C1 application.

Though if the estate is of low value, not exceeding £36,000 - then the appointment and confirmation can be done together by the court staff using the small estates procedure.

Assuming that Confirmation is required to administer the estate and the estate is not a small estate, then

• If prior rights exhaust the estate, mum can submit the dative application and the C1 submission herself.

• If prior rights do not exhaust the estate then the situation is more complicated and there is normally a requirement for a Bond of Caution (pronouned ‘kayshun’) to accompany the C1. Some Caution providers require the compulsory use of a solicitor. The size of the estate may be a factor.

zedher68

Hi Buddy9 thank you for replying to my question. I queried the need to apply for executor beforehand on a solicitor forum and was informed that the c1 would suffice.

I asked for clarity twice from them and it was intimated that there is no separate petition for executor dative form,  and that the c1 application itself includes a request for confimation as executor dative if there is no will.

As there are no other family on my stepdads side, shouldnt she inherit all of the estate?

Its considered a large estate as there is property, some money and an insurance policy. However it falls well below the bracket for iht.

Prior rights would assure mum received the property and the first 50k. That would leave about 50k in the realm of legal rights and free estate. Would she still need a bond of caution to administer herself the remainder?

buddy9

zedher68 said:

Hi Buddy9 thank you for replying to my question. I queried the need to apply for executor beforehand on a solicitor forum and was informed that the c1 would suffice.

I asked for clarity twice from them and it was intimated that there is no separate petition for executor dative form,  and that the c1 application itself includes a request for confimation as executor dative if there is no will.

As there are no other family on my stepdads side, shouldnt she inherit all of the estate?

Its considered a large estate as there is property, some money and an insurance policy. However it falls well below the bracket for iht.

Prior rights would assure mum received the property and the first 50k. That would leave about 50k in the realm of legal rights and free estate. Would she still need a bond of caution to administer herself the remainder?

I know the website. 

If step dad has no surviving relatives then mum, if married, will inherit all. It is an odd and illogical situation, the legislation says that Bond of Caution is not needed if prior rights exhaust the estate but does not exclude the situation where spouse inherits the whole estate where prior rights totals are exceeded.

The monetary value of prior rights where there are no children is not £50k, it is £89k. The calculation of prior rights is on the net estate. Hopefully you will be able to represent the estate as within prior rights totals.