C1 Form excecutors

buddy9

https://forums.moneysavingexpert.com/discussion/comment/81929638#Comment_81929638

It is often house ownership that can be an issue. if ownership was simply to pass to Dad possibilities are:

A. House jointly owned with survivorship clause in the title. When Mum dies house automatically becomes wholly in Dad’s ownership. OK

B House jointly owned with no survivorship clause in the title.

a. Confirmation applied for, for Mum’s estate, house title then changed - OK.

b.Confirmation applied for, for Mum’s estate but house title not changed. Issue to resolve.

c. Confirmation not applied for, for Mum’s estate. Issue to resolve.

But it could be a bit more complex if there was a liferent involved.

fob1969

Would the survivorship clause be in the deeds or the will . Also if they have retired can this just be added to c1 form with the reference about retiring .???

fob1969

Sorry i have added rest of will as it details house and the title deeds info i believ both have retired so can i just add that they have where the info is about her mum being deceased there wasnt a confirmation done for her mum but her will was the same

I xxxxxxxxxxxxxx in order to settle the succession to my estate on my death provide as follows:-

ONE I appoint as my executors (FIRST) my spouse xxxxxxxxxxxx whom failing my daughter xxxxxxxxxxxand (SECOND) xxxxxxxxxxxxxxx, Solicitor, whom failing xxxxx, Solicitor, hereinafter referred to as

"my executors")

TWO I direct my executors to give effect to any writings by me however informal they may be provided they are signed by me, dated after the date hereof and clearly expressive of my intention as to which my executors shall be the sole judges. Any bequests so made shall be free of interest, delivery expenses and government taxes payable on my death unless otherwise stipulated

THREE I bequeath the following legacy free of all expenses of transfer and of government taxes payable on my death, but only if I am not survived by my said spouse :-

to my daughter the said XXXXXXXXXXXX

my interest in the dwellinghouse known as xxxxxxxxx or any other dwellinghouse belonging to me in whole or in part at the time of my death
the furniture and plenishings in said dwellinghouse so far as belonging to me as to all of which my executors shall be the sole judges
the proceeds of any life insurance policy proposed or to be proposed by me on my own life to assist in the repayment of any mortgage over said dwellinghouse, as to which my executors shall be the sole judges, if said policy is stin in effect at the time of my death

this is on tilte deeds

LAND REGISTER OF SCC

TITLE NUMBER xxxxxx

B. PROPRIETORSHIP SEC

ENTRY

PROPRIETOR

NO

1

XXXXXXXXXXX and

XXXXXXXXXXX otherwise XXXXXXXXXXXXXXX, equally between them and the survivor of them.

buddy9

The entry on the house title is a survivorship clause (special destination) and will have operated to pass the house ownership to the surviving joint owner (Dad) automatically.

fob1969

Thankyou so much just one final thing if the lawyers have retired how do i word this on c1 form and where would i do it

buddy9

Need to know first how this is going to be progressed. 

If each solicitor is named in the will as an individual, then the fact that they have retired does not in itself remove them from being executors. As previously stated the options are either for them to decline the appointment or, if they are no longer a member of their profession or are not entitled to practise, then to be removed.

fob1969

I will try and find out if i can get in contact with them but will be tricky . i feel this will wasn’t done in the best interest of my parents and should never have been on will

fob1969

sorry i just wanted to post that one of the lawyers named as coexecutor was found guilty of misconduct in a case in 2024 can i use this ??

buddy9

On its own, I cannot see how being found guilty of professional misconduct by a discipline tribunal can be referenced.

fob1969

Thankyou for all your help with this with a deed of renunciation or minute of declinature can you do yourself or is it best to goto a solicitor and get them to do it i do have their contact details.