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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10917
Experience:  30 years as a practising solicitor.
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I am acting as an Executor Mothers estate and have two

Resolved Question:

I am acting as an Executor for my Mothers estate and have two queries about completion of form C1 for Confirmation in Scotland.
Firstly my father was named as the first Trustee but, died before my Mother. In section 10 Full name and address of each executor should I list him first with address section marked deceased and enclose his death certificate with form. Or just put myself first and enclose death certificate.
Secondly is the Total Estate for confirmation at sections 10, 6, the Gross value as detailed at section 11 or the net value at section 15 minus funeral expenses, standard security and other debts and liabilities. Logic tells me it should be net value.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
In section 10 you name yourself as executor and say that your father father pre deceased your mother. You can put in his death certificate but it is not absolutely necessary.
The total estate for confirmation is the gross value, one, the total of the estate inventory. You need to be confirmed as executor so as to deal with the gross estate, not just the net. That is why you use the gross value.
Here is a link that you can refer to:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371996/c3_2.pdf
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.
I thank you for your clear response.I had read and re-read the guidance note for completion of C1 and C5 forms but it was not clear.The DIY Lawpack approved by the Kings Court Trust,which I purchased in WHSmiths on basis it covered the Law as it obtains in Scotland, was explicit. In their example completed forms they used the figure which was the inventory minus funeral expenses as the total estate figure for confirmation. There was a logic to this as the header for the section says Value of Estate for confirmation so the presumption is the end figure of the calculation in the section should be the figure you use as at 9 page 1. My niggle was question 9 said Total estate for Confirmation.So I am very glad I sought legal advice.Any chance I can complain to the authors of this lawpack and get my money back.Kindest RegardsCarol
Customer: replied 1 year ago.
Just wanted to check. If I use gross figure at 9 do I also use it at page 2 section 6 The Confirmation of the estate in...amounting to the value of.
Think a non lawyer designed this form as they use different descriptions for perhaps the same thing but don't make it clear.
Expert:  JGM replied 1 year ago.
Yes you do.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10917
Experience: 30 years as a practising solicitor.
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