Correct wording for C1

[Bazman76]

Hi there,

I am filling in a C1 form and there are certain documents that I need to refer to. One of the documents is not an original but rather an "extract" which was produced by a court, do I need to mention this fact, when referring to this document in the C1?

• If so what is the correct way to do so?
  • an extract of said Deed
  • an extract copy of said Deed
  • an official extract of said Deed
  • an official extract copy of Deed

Thanks Baz

[echat11]

I don't think they expect you to use specific 'terminology', you're not a solicitor.

If the 'extract' is important to the readers understanding, then 'yes' mention it.

I'd use - 'an official extract of said Deed'.

https://www.scotcourts.gov.uk/taking...large-estates/

[sederunt]

C1 wording often needs to be precise. You will have to tell us what the document is.

[echat11]

C1 wording often needs to be precise. You will have to tell us what the document is.

You are 'declaring' something, so as long as the words convey that information correctly, that should 'suffice'.

[sederunt]

The term "official extract" may well be inappropriate.

There are layout and inclusion standards for the para 2 declaration that do not appear in the HMRC guidance. Your best option is to post here a redacted version of the whole of the para 2 declaration for comment.

[sederunt]

No show by BAZMAN76 again.

[Bazman76]

No show by BAZMAN76 again.

Hi Sederunt,

I don't get any notifications when you guys reply, so I saw echat11's answer I thought that was that, please accept my sincere apologies for any offence caused. I am genuinely very greatful for all the help you have already given me and would be delighted if you would check the wording below:

"the son of the said deceased and Executor Nominate, along with XXXX XXXX, wife of the said deceased and Executrix Nominate, conform to the Will dated 14th August 2017, the Will is docquetted and signed by me as relative hereto and produced herewith. In the said Will, XXXX XXXX and I are designated at our previous address of XX XXXX, XXXX, XXXX, XXXX XXX. In the said Will the deceased also appointed XXXX XXXX, who was designated at his previous address of XX XXX XXXX, XXXX, XXX XXX. The said XXXX XXXX declined to accept the office of Executor, conform to the Deed of Declinature dated 10th of Feb 2021, an official extract of said Deed is exhibited and docquetted as relative hereto."

[sederunt]

Where was the executor's declinature registered?

[Bazman76]

Where was the executor's declinature registered?

On cover it says "Books of Council and Session"

Inside it gives a longer title:

"At Edinburgh the xxth day of xxx xx xxx xxx the Deed hereinafter reproduced was presented for registration in the Books of the Lords of Council and Session for preservation in the said Books as follows:"

[sederunt]

A suitable declaration might say as below:


But in another post you mention that it will be confirmation in Scotland because it is a Scottish will. That is not the case. Confirmation would normally only be appropriate if the deceased was domiciled in Scotland.



That I am
along with [mum’s full name] of [mum’s address], the executor-nominate of the said deceased conform to his will dated the 14th of August 2017, and that I am the son of the said deceased and the said [mum’s full name] is the wife of the said deceased. In said will myself and the said [mum’s full name] are designed as residing at [will address] a former address. In said will [xxx] formerly of [address] and latterly of [address] was also appointed executor but declined to accept the office, conform to the deed of declinature dated the [date] and registered in the Books of Council and Session on [date]. Said will and an extract of said deed are produced, docquetted and signed by me as relative hereto.

[Bazman76]

A suitable declaration might say as below:


But in another post you mention that it will be confirmation in Scotland because it is a Scottish will. That is not the case. Confirmation would normally only be appropriate if the deceased was domiciled in Scotland.



That I am
along with [mum’s full name] of [mum’s address], the executor-nominate of the said deceased conform to his will dated the 14th of August 2017, and that I am the son of the said deceased and the said [mum’s full name] is the wife of the said deceased. In said will myself and the said [mum’s full name] are designed as residing at [will address] a former address. In said will [xxx] formerly of [address] and latterly of [address] was also appointed executor but declined to accept the office, conform to the deed of declinature dated the [date] and registered in the Books of Council and Session on [date]. Said will and an extract of said deed are produced, docquetted and signed by me as relative hereto.

Thank you so much!

[sederunt]

The above declaration is on the assumption that mum has the capacity to be an executor.