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GOV.UK vs HMRC conflicting advice. Do I need to send the IHT400?!

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  • GOV.UK vs HMRC conflicting advice. Do I need to send the IHT400?!

    I am dealing with my late father's estate and am shortly going to apply for Probate. He died 2 weeks ago sadly.

    His total estate (Home he owned, UK bank accounts) inclusive of any money gifted in 7 years etc comes to ~ £550,000

    His wife, my Mum, pre-deceased him and so everything she owned went to him. She therefore still has her £325,000 allowance. The property is will to his children which I believe adds another £175,000 allowance. All in all, an confirming with the GOV.UK calculator, we are not required to pay inheritance tax and can apply straight for Probate.

    As far as I can see, this falls under "Excepted Estate" based on:
    "the estate is worth £650,000 or less and any unused threshold is being transferred from a spouse or civil partner who died first".

    I've used the online checker too to get the gross, net and qualifying values. The government website tells me I can now "Complete the Probate Form" and that IHT400 is unnecessary.

    ---

    What has stumped me (and I cannot find anywhere), is the above suggests I can "Move to Probate" because it is an excepted estate, BUT, don't I have to fill in forms IHT435, IHT436 as well (and they require the full IHT400).

    I rang HMRC but wasn't convinced by their answer or maybe my articulation of the scenario.. They said you always have to send the IHT400 + many supporting forms 20 working days before applying for probate.. But the gov.uk website says I don't have to pay tax, nor send an IHT400.

    I'm just very confused if I can apply for Probate (will HMRC allow this without me using the IHT435, 436 and 400 transfer forms in advance).

    Appreciate any feedback or advice!
    Tags: None

  • #2
    The IHT 400 is not needed in this case. Send Probate application , death certificate ans Original Will to the Probate office, or apply online and just send Will a d death certificate.

    Comment


    • #3
      Originally posted by Sam101 View Post
      The IHT 400 is not needed in this case. Send Probate application , death certificate ans Original Will to the Probate office, or apply online and just send Will a d death certificate.
      Thank you.. this is also my understanding. I think maybe the rule is different if you need to claim the £175k RNRB.. in my case, I don't as the transfer of the NRB is sufficient to cover the estate. I'll confirm with them (or try) Monday

      Comment

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