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Will / trust
My dad has recently passed away and I am confused about the will. Mum and dad had mirror wills. They were tenants in common. Mum died in 2018 and left her share of the home in trust for 3 daughters (all over 18 / left home) with dad having a life interest to remain living in the property. Her residuary estate passed to…
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Calculating IHT when two life interest trusts are involved
I am executor to my mother's will and currently have valued her free estate. She had a life interest in her husband's house which is now left to his descendants. I understand the total IHT bill will be split between her free estate and the trust proportionately and the NRB/RNRB will also be shared. Now I discover she had a…
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Probate - how long?
Hi, I know it's been asked before but on this cold and wet afternoon I've nothing else to do but think..... Probate submitted end of June, straightforward, just bank accounts, how long can it reasonably take? Apologies again for repetition, just wanted to hear some real experiences (recently) thanks
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Sale of house Dad in care home
When mom passed away her share of house was left to daughters, Dad is now in a care home self funding he has savings above the threshold he is 90. If we sell the house will all the money need to be put aside for to care home fees or just his half of the property
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Grant of Confirmation
Hi, I’m trying to fill in the form for Grant of Confirmation for my dad’s estate (C1). I’m trying to do this on my own without a solicitor. I think I understand the main issues, it should be such a simple situation, but what exactly to put on the form is driving me crazy :mad:. Would be grateful if anyone could help.…
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Will & Trust
I am married with 2 grown up children who have left home, my partner has 3 children from a previous relationship. How do we ensure our house is left to our shared children only as I came into the relationship with the house (not the current one we reside in). We both have a will but should we get a Trust? If yes, which one…
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Royal Mail lost IHT forms - next steps?
Hey all. I posted IHT forms via Royal Mail Tracked. After over 2 weeks, they have not been marked delivered. The last tracking was that it was in "North Midlands MC" Despite being a tracked service, RM have been extremely dismissive and unhelpful - they don't know where it is and assume it is lost. HMRC have not received…
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SRA misfiling Wills -Has anyone's been found?
Has anyone heard of the solicitors regulation authority (SRA) filing a Will incorrectly and finding it at a later date? On the death of a loved one, I went to the solicitor who wrote the Will to find that the practice no longer existed. I later discovered that SRA had intervened in the practice several years previously,…
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Advise please 🙏
I have a very bulging abusive brother, we are both LPA, and executors of my parents will,,, we have a total breakdown in relationships, and I get abusive, threatening WhatsApp’s off him, gone on for many years,, can I issue a cease and desist letter? Or is there any other route I can take? And any ideas of costs, I need to…
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IHT forms - what I've learned...
in case it helps anyone else: 1) you need to use the Adobe pdf software. if you do then the autocalculations within the IHT400 works and (despite what it says on gov.uk) you CAN save a part completed form. You still need to manually copy info across from the schedules. If any figure is negative the box will stay blank. 2)…
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Forenames on will transposed
I’d appreciate some advice on probate application. My step father who died recently was always known by family and friends by his preferred middle name, John. As one of his executors I have now seen a copy of his will and this reflects his name preference i.e. middle name, first name, surname. The other executor and I are…
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How to fill in IHT410 relating to discretionary trust
Hello, I am currently filling out IHT forms for my dad's estate, and am unsure on how to answer IHT410 Q3. "Was the deceased’s life assured under a jointly owned assurance policy which continues after death?" His life was jointly insured with his surviving spouse in a whole of life policy (second death), and so continues…
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Children's legacy advice in Scottish Law
My father in law left my two children a substatial amount in his will five years ago. The will stated it should be invested into a trust earning interest/ income. The children would receive this when they were 21 but it could be released before that age if it was for their education or benefit. The executor, my husband's…
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Inheritance tax question
i have had a query from a friend and she's rung HMRC three times but not got an answer. i have 500k to pay in 10 instalments over 10 years. There is interest to pay on the instalments I have paid the first instalment 50K, but not the interest due with the first instalment, which is around 40K. If I pay more, before the…
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Letter Before Action
Hello, I am currently in a Will dispute (defending the Will) and I have received a letter before action from the claimant (family member). In this letter the claimant has written a short summary of the dispute and has threatened to commence court proceedings without further notice if I don't agree to his demands but he…
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Income and Dividend taxes
Hi all, Looking for a little bit of guidance/confirmation on estate taxes (not IHT) liable on gains/losses between the date of death and the date of final distribution(s). Due to the sums involved it's likely there will be tax owing to HMRC at some point. My understanding is that we will have to pay tax at 20% on any…
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Is probate required - tenants in common first death
My FIL passed away over Christmas. He doesn’t have much in the way of financial assets to the point where I believe probate is highly unlikely to be required to release the small sums he has at various banks to my MIL. Equally he has a TPS pension and I believe they will do what they need to do upon receipt of the death…
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What if we get Probate amounts slightly wrong?
Hi everyone - my f-i-l passed away quite suddenly and my wife is his sole executor preparing Probate. His will is relatively simple - everything passes to my wife's Mum, so there is no IHT in play etc. However my f-i-l was a very financially savvy man who had all manner of savings instruments. He did all the household…
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Undervalued house for probate
“We, as joint executors, have undervalued our late mother’s estate by £60k because the house sold for that much more than expected. The estate is being distributed only between the executors. There is no inheritance tax due because my father predeceased our mother and she has his allowance. Do we have to pay capital gains…
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Grant of confirmation - additional documents
Hi guys, I've been using some of these threads, predominantly those supported by @buddy9 to complete the c1 inventory form to help me obtain a grant of confirmation so that I can sell my late mother's house Both me and my brother are will executors with equal share of estate. The house is worth £75k... And moveable assets…
