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House in will, using estate cash to improve?
A will is being split where the house is going to a few people and the residual value of cash is going to another set of people. So for example, let's say the house has been sold for 300K and there was 100K in cash and other assets. So, not withstanding any special terms in the will, just in general... 1. Can the cash from…
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Stressed out Mum..HELP
*Complicated* I jointly owned our home with my ex partner when we purchased it in 2012 as joint tenants. We separated in 2019 and I continued to live at the property with our 3 children. After I did not agree to sell, he severed our our tenancy in 2021 via a solicitor, I did not agree and didn't sign any paperwork. I was…
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deed of declinature in Scotland
Hi everyone, first time posting. my father recently passed away, survived by my mother. she is 86 and doesn't want to deal with my late father's estate. As an only child, I wish to apply to be appointed as executor, and I have completed a Form C1 and an inventory. however, the sheriff's court clerk's office says they…
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Missed information by CLS what can we do?
Following the death of our mum, we engaged Co-op Legal Services to sort out the Probate as Mum had her funeral plan with them and in her eyes, they would make sure everything was done properly. It should have been straightforward as dad had passed 4 years ago & everything became Mum's. There is only 1 son (my husband) and…
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IHT discount on jointly owned (and occupied) property: 10% or 15% ?
Apologies up front for the long post... My partner died in Jan 2024. We were not married nor in a civil partnership. The value of her estate is above £325,000 so IHT is payable. I am the executor of her estate. We jointly owned our residence (50/50, joint tenants) in England, where I continue to live. Neither of us owned /…
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Life assurance bond and tax
Hi My mother passed away earlier this year and as part of her estate, she left a life assurance bond. Upon her death a changeable event occured and the bond was paid out to her executors, me and my sister. I received a letter soon afterwards with a chargeable event certificate within which it gave an amount of tax treated…
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Probate application Questions 7.3 and 7.5 - confused!
Question 7.3 asks for the gross value, net value and net qualifying value of the estate for inheritance tax. I've completed that, no problems having used the online IHT checker tool. But Question 7.5 seems to ask a similar question, and I am not sure what the difference is. It asks for the gross and net value for probate.…
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Has anyone actually got a copy of a DIY will?
I'm preparing a will for my sister and want to make a draft just in case she departs suddenly. Hopefully this will be acceptable in the event as it will be fairly straightforward. After dispersements, the residue will be divided between charities. Has anyone got an actual copy of a DIY will? Thank you
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Aviva and Deed of assigment
I am looking for some advice on a situation I find myself in. Back in 2004 when my children were minors they were bequeathed some money which my then financial advisor put into 2 investment bonds each that couldbe assigned to them at a later date in life. The policies were originally with Axa ( which became Friends life…
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UK Wills Payment of Pecuniary legacies.
In the UK with pecuniary legacies is the order of names in the will important. We have "I bequeath Tom 10000. I Bequeath !!!!!! and Harry £20000 each" . Until the house is sold we only only have £20000 available. Should we settle Tom in full and divide the rest between !!!!!! and Harry or should we pro-rata the total…
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Form C1 Moveable Assets
My son died domiciled in Scotland. He has bank accounts in Scotland and England. Should I list his English accounts under Moveable assets in England. Thank You
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Low Value Excepted Estate and Transfer of Nil Rate Band
Hi, I am hoping someone may assist. My father has recently passed a way and the value of his estate is larger in value than his nil rate band allowance, BUT once we take into account unused allowances (property and assets) from my mother who died 6 years ago, then it's clear no IHT will be payable. My questions would be:…
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Appointment of executor ad non executa - Scotland
Hi everyone. I just had a few questions, maybe someone would know
regarding issues of executors in Scotland. My father recently
passed away and had no will. I was able to do the petition and my
mother (as his spouse) was appointed his executor dative. I’m just
waiting to get some info from the conveyancing solicitors…
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Will and blended family
I have a biological daughter and two step children, all adults. My late husband and myself agreed that when one of us died everything would be owned by surviving spouse and they in turn would leave whole estate to be split equally between the three adults kids. This is what I have specified in my will. My father has…
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Executors problem
Someone has died-
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Transfer on Death?
Have had a good friend pass away a few weeks ago. When alive she advised me and it would now seem another that she had invested money in our names (she told me she had done this for a few individuals) and that when she died her financial advisor was to make contact fairly soon after to pass these to us? She advised she did…
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Pension Death Benefit to paid into deceased's estate - will this make it subject to Inheritance Tax?
My long-term partner died earlier this year - she was under 75 and had a private Defined Contribution pension. The scheme trustees have decided not to pay the death benefit lump sum to the nominated beneficiary but propose to pay it into the estate instead. The total value of the estate is above the nil-rate band of…
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Probate - Is It Necessary?
I am trying to assist my executors, who wish to DIY my
estate in the event of my death. My circumstances are: I’m married, our home is
held in Tenants in Common but because of my previous divorce I wish to leave my
half of the property (house total value – around £800k) in trust to my 2 children. Apart from the house I…
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C1 Confirmation in Scotland - Queries
Hi Folks, I was hoping that someone could offer some advice before I submit the C1 form. I have a couple of queries. I'm fairly happy with content but wanted to confirm a few points. I am the executor nominate. The total is way under the inheritance tax bracket and is classed as a large estate. Four main items in the…
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Probate and valuations
My mum's estate is believed to be an Excepted Estate One of the main things that I was asked was to get a Market valuation for the house. I have seen people mentioning getting 3 valuations on the net and it makes me wonder if I need 3,I suppose I may have to send an e mail to the solicitor to ask them and get charged for…
