Help with C1 Form

jellybean2013

Hello, I am trying to obtain confirmation for my mum's estate, I am the sole executor, I have completed the C1 Form, it has been returned for the 2nd time, there is a wee cross on the left of the page, your can't see it on the image I have uploaded but they are next to the entries for a credit which is due back from OVO and also at the summary of confirmation, does anyone have any ideas how I should word this or should the OVO credit be included?

Also what does docquetted mean?

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buddy9

https://forums.moneysavingexpert.com/discussion/6679790/help-with-c1-form

Item 4. ‘Interest’ would be an inappropriate term here and the address might be an issue. You could say -

OVO Energy, West Campbell St, Glasgow

Utilities credit

I would omit your upper case entry ESTATE IN SCOTLAND

I assume that the summary entries are contained only in the 2nd column.

Not relevant to the court scrutiny, but I would make the following comment to anyone listing a house in the inventory.  - Are you certain about house ownership and the current ownership as stated in the title in the land register? It is not uncommon for house ownership to be misunderstood, or to be incorrectly assumed, or to still hold the name of a predeceased spouse (without a survivorship clause).

Are you content with the rest of the C1, particularly your entries in pages 2 and 5? 

Docquetted refers to the statement that the declarant executor adds to the will. See here tps://forums.moneysavingexpert.com/discussion/4965475/grant-of-confirmation/p59ht

jellybean2013

thank you Buddy 9 the documents do have a survivorship clause, I have checked this, is it best to delete the reference to the land register?

Page 2 I’ve popped a paragraph in which states I have docquetted the will which I haven’t, I will write a covering letter confirming that the will provided is the one mentioned in the declaration.

I think page 5 is ok, on page 5 q23 I have matched the figure from q11 page 4, the same figures from q15 are used in q24 & 25, this is how interpreted the guidance notes 😬 we are well under the threshold for IHT.

buddy9

Reference to the Will in a cover letter will in itself not be suitable. You will need to docquet the Will and use the same date as in the C1. Do not place the docquet on an unsigned Will cover page. I presume that you have the original Will.

If the house was co-owned with a survivorship clause in the title then if the other co-owner had predeceased then the house ownership had passed to your mum. So ok - but leave in the land register number in the inventory description.

jellybean2013

HI Buddy, the co - owner, my mum's partner did predecease my mum, I called the solicitor's office who prepared my mum's will, she asked me to check there is a document which has a paragraph starting with the word Dispone which there is, I read the paragraph over the phone and she confirmed that the house ownership automatically transferred to my mum.

I do have the original will, I wasn't sure if I would be allowed to write on this, I will use the wording from the link you provided.

Thank you so much for your response 😊

buddy9

‘Dispone’ is indicative of a disposition transferring ownership rather than survivorship.

Survivorship would be indicated in the proprietorship section by the inclusion of words such as ‘equally and to the survivor’.

jellybean2013

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Hi Buddy, this is an extract of the deeds document, I don't think I need to do anything further with it, fingers crossed.

Thank goodness I found this forum, it's honestly been a godsend at a very stressful time, lets hope it's 3rd time lucky🤞🏻

buddy9

Looks ok.

Are you confident about page 2 para 2 of the C1. It trips up a lot of people.

jellybean2013

this is what I have written on page 2 para 2 - I am:

The Executor Nominate of the said deceased, conform to her will dated 9th April 2014. Herewith exhibited and docquetted and signed by me as relative hereto and that I am the daughter of the said deceased. The will records my address as xxx My current address is yyy. I am the same person as the Executor nominated therein, the change being solely one of address since the date of the will. Referred to in my declaration of this date to the inventory of the estate of the late mum's name and have the docquet signed by the declarant.

I have provided proof of my old address and new address as per DVLA docs - I have clearly not docquetted the will as per our discussion.

buddy9

The text "Referred to in my declaration of this date to the inventory of the estate of the late mum's name and have the docquet signed by the declarant" is clearly misplaced.

Here is how I would write para 2.

That I am

the daughter and executor-nominate of the deceased conform to her will dated the ninth of April 2014 which is herewith exhibited, docquetted and signed by me as relative hereto. In said will I am designed as residing at xxxxxxxxxx a former address.

RAS

On past experience the shorter copy provided by buddy9 works.