C1 Confirmation form - help needed with Declaration (name/address variations)

frimousse2

Hi everyone, I have studied the C1 Confirmation posts on this Forum for a while and found them enormously helpful. My mum died in September and I'm preparing the C1 form. Despite reading relevant posts, I have niggling doubts that I hope someone reading this will be able to help with. These relate mainly to differences in names and changes of address across the will and subsequent codicil, and how to explain these in appropriate language.

Name of deceased:

In my mum's will of 1986 she is named as "Mrs. (first name) (maiden surname) or (married surname)". In her codicil of 2009 she is named as "Mrs. (first name) (married surname)". She had no given middle names and she didn't use her maiden name as one. Official government documents refer to her as (first name) (married surname) and she signed herself in that way. The Registrar put only the first name and married surname on the Death Certificate.

Addresses of deceased:

In the will my mum is designed as residing at xxxxxxx (her address at the time of making the will). In the codicil she is designed as residing formerly at xxxxxxx and now residing at yyyyyyy (yyyyyyy being her address at the time of making the codicil). In 2020 she moved into a nursing home and yyyyyyy was sold to pay for her care. Thus, at date of death, she resided at nursing home address zzzzzzzz.

Addresses of executors:

My sister and I were appointed Executors under the terms of the codicil, which revoked the appointment of our dad; he had been appointed Executor in the will, with my sister and myself named therein as reserves. The will designs my sister as residing at qqqqqqq and myself as residing at xxxxxxx. In the codicil, each of us has a new address: ppppppp for sister and kkkkkk for me. These remain our current addresses. The first line of my current address is incorrectly stated in the codicil.

On the C1 form:

On page 1, box 2, I have put my mum's first name only; in box 3 I have put her married surname only in order to reflect the Death Certificate. I explain name differences on page 2, para 2 (see below).

On page 2, para 1, I have stated my mum's first name and married surname. Assuming this is the correct form to use, should I add 'Mrs.'?

In para 2 of the Declaration, I have written: That I am

"along with Miss (sister's full name), residing at ppppppp (current address), the Executrix-Nominate of the deceased conform to her will dated _____ as amended by her codicil thereto dated ______ herewith exhibited, docquetted and signed by me as relative hereto, and that both myself and the said Miss (sister's full name) are daughters of the deceased. In said will the deceased is named as Mrs. (first name) (maiden surname) or (married surname), residing at xxxxxxx, a former address, and in said codicil as Mrs. (first name) (married surname), residing at yyyyyyy, a former address. The address of the deceased, Mrs. (first name) (married surname), at date of death being zzzzzzzzz. In said will the said Miss (sister's name) is designed as residing at qqqqqqqq, a former address, and I am designed as residing at xxxxxxx, a former address. In said codicil my current address is per incuriam written 51 Blah Road instead of 55 Blah Road."

Am I creating unnecessary repetition by stating former addresses for my sister and myself as per the will when these are already mentioned in the codicil along with our current addresses?

Is my narrative Declaration sufficient to account for the variation in how my mum's name is represented in the will and later codicil? Which form should I use for the docquets?

Lastly, given that the codicil revoked my dad's position as Executor and instead appointed my sister and myself, is there any need to state this in para 2? I haven't done so and it's already a long paragraph requiring a continuation sheet.

If you've read through to the end of this long post, thank you. If you have any advice to give regarding my queries, I'll be very happy and grateful to hear from you. Keeping fingers crossed.

buddy9

Here are some thoughts, but not at all authoritative.

I assume that you hold the original will and codicil.

Continuation sheet. A common process for an oversize entry is to print the para 2. declaration on a blank page, suitably headed ‘Paper Apart’ etc. and include in para 2 box ‘See paper apart’.

On page 2, para 1, no need to add 'Mrs.’

For the docquets use the name you enter in page 1.

……….codicil revoked my dad's position as Executor……  I don’t see that this needs stated anywhere.

Here is a suggestion for para 2 with some structure differences.

along with (sister's full name), residing at (address), the executrix-nominate of the said deceased conform to her will dated _____ and the codicil thereto dated ______. Said will and codicil are herewith exhibited, docquetted and signed by me as relative hereto. Both myself and the said (sister's full name) are daughters of the said deceased.

In said will the said deceased is named Mrs.(first name) (maiden surname) or (married surname) and in said codicil is named Mrs.(first name) (married surname)

In said will the said deceased is designed as residing at ___________, and in said codicil is designed as residing at __________, both are former addresses.

In said will the said (sister's name) is designed as residing at ___________, a former address.

In said will I am designed as residing at ________, a former address and in said codicil my address is per incuriam written 51 Blah Road instead of 55 Blah Road.

frimousse2

Thank you, buddy9, this is most helpful in streamlining the information and making it clearer and easier to read. Yes, I have the original will and codicil. Putting all of para 2 on a Paper Apart will improve the presentation no end. My declaration was looking rather messy.

I had toyed with adding "otherwise known as (first name + maiden surname)" to para 1 on page 2, but presumably the narrative declaration makes such a mention redundant. And, yes, no need to state my mum's final address in para 2 since it is already recorded on page 1. If "full name" excludes titles such as Mrs. or Miss, then I don't need to write Miss in front of my sister's full name, is that correct?

I'd never come across the expression "per incuriam" before. Presumably errors in addresses and names are not uncommon …

Once again, thank you for the time you've spent on this. I'll let you know how my application fares when it eventually lands with the Sheriff Court.

buddy9

I did wonder about para 1 of page 2. I think different courts have a different view on the use of maiden names in this box, such as simply - Marion Smith or Black.

I think Miss isn't needed.

frimousse2

Hmm. Well, on the basis that the guidance notes say the name given in paragraph 1 should correspond to the name used in the will, perhaps I should put Marion Smith or Black (although the Registrar decided the name Marion Black should go on the Death Certificate). Having checked my late dad’s will - they had mirror wills - I see that my mum is named there in exactly the same way, with maiden name and married name separated by or.

Is the Court likely to bounce an application where para 1 on page 2 includes maiden name but page 1 doesn’t? You’d think they’d have standardised the approach to married women taking their spouse’s name by now.

frimousse2

Alternatively, I could leave para 1 as Marion Black and, in para 2, say something like “In said will, the said deceased is named Mrs. Marion Smith or Black, Smith being the deceased’s maiden name … “

frimousse2

Hi everyone, I'm back with another query regarding page 2 of the C1 form.

I've (almost) reconciled myself to stating my mum's name in box 1 of page 2, and in the docquets, in the format [first name] [maiden surname] or [married surname], as this is exactly what her will states, whereas both the death certificate and the codicil to her will both state [first name] [married surname] only. I hope that'll be acceptable to the Court.

I have drafted a Page Apart, as recommended by buddy9, to show my narrative Declaration, since this is too long to go in the box on page 2. I'm unsure how to head up the Page Apart to connect it to the main C1. Presumably I should reiterate the full name of the deceased exactly as shown in the will and Box 1, page 2, along with last residence and date of death, as well as the Sheriffdom?

Any pointers or other help gratefully received.

buddy9

see an example here:

https://forums.moneysavingexpert.com/discussion/comment/81367142#Comment_81367142

frimousse2

Thanks buddy9, very useful. The heading is a good deal simpler than I imagined it needed to be, as is the bit at the bottom. Presumably the word 'executry' in the title is preceded by the full name of the deceased: should this be the version stated in the will, which would be [forename] [maiden surname] [married surname] ? Sorry to keep banging on about the correct name to use, but it bothers me that my mum was known as her death certificate states, [forename] [married surname]. The formulation in the will seems utterly foreign to me, although presumably not to the Court