Filling in C1 Form, More help needed please. Not sure what to do.

Flowertulip

Hi, First time on any forum. Trying to navigate filling in a C1 form. I’ve noticed that there is an mis spelling of an executors house name on the Will. They do have a numerical house number and road name also. Do I need to do anything about it? Will be very grateful for any help.

RAS

What is the spelling on the Land Registry, or Register of Sasines.

Flowertulip

Hi, The spelling mistake is on the deceased’s Will in the recording of the address of one of the executors. It’s that when we fill out the names and addresses of the three executor nominates on the C1 form there will be a difference in the spelling of the first line of the address of one of them in that their house name was incorrectly spelt on the Will. Not sure if the form could get rejected because of the slight difference.

Flowertulip

Thank you RAS for your reply. I’m sorry I initially misunderstood your reply. I’ve now looked at the address of the executor in question on the land register and there is a definite mis spelling on the Will of the house name. The rest of the address is correct.

Keep_pedalling

it really should not matter it is not a legal requirement to include the address of an executor on a Scottish will and in many cases executors move between the will being made and the testators death.

buddy9

You will need to reference the error in para 2 of page 2.

For example if the executor resides at ‘the Granary, 14 Bell Street, Peebles EH45 6ZZ’ and the will says ‘the Grainary, 14 Bell Street, Peebles EH45 6ZZ’ you could include -

If it's the declarant executor:

In said will I am per incuriam designed as residing at the Grainary, 14 Bell Street, Peebles EH45 6ZZ.

If there are co-executors and it is not the declarant executor:

In said will the said xxxx xxxxxx is per incuriam designed as residing at the Grainary, 14 Bell Street, Peebles EH45 6ZZ.

Flowertulip

Thank you.
There are three executors/Beneficiaries. All siblings. The address error is not for the declarant executor.
Please could you tell me if this looks right?

That I am

Executor Nominate and son of the deceased XXXX XXXX , along with the said Jane Bloggs Executrix Nominate residing at Granary, 14 Bell Street Peebles, EH45 6ZZ and daughter of the deceased, and along with the said XXX XXX residing at XXX XXX XXX and son of the deceased conform to the Will dated 01/01/2023. In said Will the said Jane Bloggs is per incuriam designed as residing at Grainery 14 Bell Street, Peebles EH45 6ZZ. Said Will is produced herewith, signed and docquetted as relative hereto.

buddy9

I suspect that your declaration would be accepted. Here is a suggestion with slight modification.

That I am

along with Jane Bloggs residing at Granary, 14 Bell Street, Peebles, EH45 6ZZ and xxx xxx residing at xxx xxx xxx, the executor nominate of the deceased conform to the will dated 1 January 2023 which is produced herewith, signed and docquetted as relative hereto and that myself, the said Jane Bloggs and the said xxx xxx are all children of the deceased. In said will the said Jane Bloggs is per incuriam designed as residing at Grainery 14 Bell Street, Peebles EH45 6ZZ.

Flowertulip

Thank you. That’s very helpful.

Flowertulip

Please could I ask some more questions regarding C1 form, I’ve found conflicting information on this about where to list Utility and state pension refunds.
Refunds have been received for over payments on State Pension-( Handling office Wolverhampton), Aviva Digital home insurance- ( based in Norfolk) and Octopus Energy Ltd (based in London).

Would these all be put under personal estate England, despite the services being to a Scottish address?

Also there is something else which is worrying me. Not sure how to record small part of front garden sold off in 1968.

The context is, the house was bought by the deceased in 1965 Prior to that in 1959 the end of the back garden was sold off. This is recorded in the Sasines register and I think i know to record that in the heritable property description using terminology “under exception of subjects in disposition to ….” ,

However there was another sale of a small corner of the front garden in 1968 The corporation took over a small area when making road changes - effectively rendering the front edge/corner of the garden, which is a corner plot round instead of square edged.
I have a Sasines search sheet which records events up until 1974 relating to the discharge of a Bond in 1971 and the issuing of an improvement grant in 1974, but the reference on the search sheet in 1974 is “in respect of ‘deceased’s address’ described in disposition to the deceased in 1965.

I cannot see any reference to the small area taken over by the corporation in 1968. The only documentation I can find is a solicitors letter dated 1968 making reference to a small payment received- for about £60 from the corporation.

Would it matter if I do not make any reference to the sale of the small corner of the front garden on the C1 form? I don’t know how I would record this, as I can’t find a mention of it in the Sasines.

My thought is that the description of the plot will not exactly match the 1965 Sasines description, although only by a small amount . The whole estate is below the IHT level. I wondered if there could be problems when it comes to future conveyancing if I don’t mention it.

Grateful for any help. Reading through past forums has been so useful.

buddy9

An over payment of state pension would not involve receiving a refund. An overpayment of pension is a debt and included in the calculation of box 14.

Refunds due from utility companies based in England can be listed under personal estate in England.

If there is no record of the 1968 boundary change then I do not know how that aspect can be suitably described in the inventory, or indeed if there is a need to.