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IHT/Probate question

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  • IHT/Probate question

    Hello, My Father in Law passed away in 2013 and left the house and some money to my mother in law and c£30k between my wife and her brother and sister c£10k each. I don't know the values and we have not found the will and the copy online does not give the detail. It does however state the value was under the £325k threshold.
    My mother in law died just over a month ago. For the IHT potentially there would also be part of my father in laws private company pension to report although that ceased when my mother in law passed away. There was also a gift from a maturing bond a couple of years ago worth £23k between the 3 children and smaller amounts to the grandchildren.
    Because we cannot find the will financial details we have discounted transferring the nil rate band, just the descendants residence nil rate band at £500k
    The rules that came into force in January 2022 seem to indicate we'd fall into the excepted estate category in terms of no tax to pay.

    We'd have to fill in IHT403/405/406/409*/419/435 & 421 but because the net of all those is fairly comfortably under £500k incl descendants RNRB would we only have to complete PA1P? Or because of the need to complete some of the other IHT forms do we have to complete IHT400 etc and submit to HMRC first?
    Thanks
    Tags: None

  • #2
    Given the values involved and the potential complexity, employment of a solicitor would appear sensible.

    I do no pretend to be up to date with IHT

    Comment


    • #3
      Have you tries obtaining a copy of the Will that was submitted for Probate on your Father in Law. It should be at the Probate office with all the details.

      Without that, I would agree that a solicitor would be best.

      Comment


      • #4
        An excepted estate is one where an account need not be supplied to HMRC. If you need to claim RNRB it is not an excepted estate.

        However if you know that FIL’s estate was below NRB and all went to MIL other than £30k what is the problem with using the unused TNRB from FIL? On the basis that MIL’s estate is under £500k, and most of TNRB was unused, the estate looks to be an excepted estate with transferable nil rate band and no IHT account need be submitted. (This assumes that MIL and FIL were married or civil partners).

        It doesn’t look complicated.

        Comment


        • #5
          Originally posted by sederunt View Post
          An excepted estate is one where an account need not be supplied to HMRC. If you need to claim RNRB it is not an excepted estate.

          However if you know that FIL’s estate was below NRB and all went to MIL other than £30k what is the problem with using the unused TNRB from FIL? On the basis that MIL’s estate is under £500k, and most of TNRB was unused, the estate looks to be an excepted estate with transferable nil rate band and no IHT account need be submitted. (This assumes that MIL and FIL were married or civil partners).

          It doesn’t look complicated.
          THanks, I decided to phone HMRC and they were very helpful and explained I could apply using PAaP basically as an excepted estate like you explained. THanks for you help.

          Comment

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