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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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Will not completed
Hello, I am just looking for some advice- last year my Nan was diagnosed with terminal cancer. She started the process of sorting out her will back in dec but had a “disagreement” with one of the solicitors she saw there when she queried how the will was written and just making sure she fully understood what it said before…
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Placing a home into a trust as part of will planning
I'm not sure if this is the correct group or not, as we have no idea where to start. My mother-in-law would like to place her home into a trust for her 4 grandchildren so that she doesn't lose it if her health continues to deteriorate, and for it to be their inheritance gift when she dies. The 4 grandchildren are all under…
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Unfair will, can I contest upon death
Can anyone please help as I feel that I am being treated unfairly in my father's will. Some years ago my mother died leaving everything to my dad which includes his 2 bed house and a much larger , 4 bed house which has been placed in a trust. I have found out that upon death of my dad my brother who in my dad's eyes can't…
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PA17 - is original needed?
After a lot of effort have finally got agreement that solicitor will renounce their executorship (for a fee of course) - I believe via a form PA17. I understand that the completed PA17 is submitted along with the PA1P when requesting probate. Does anyone know if this has to be: * The original? * A certified copy? * or will…
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Can you use c/o address for benefices?
Where yo have little contact with relatives (nieces) and you don't know their address, can you leave it as 'care of (c/o) e.g. parents. Perhaps adding their address as a codicil at a later date. Or would it be sufficient for the executor to know the address at the appropriate time?
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Prepaid Cremations
I have noticed that it is dearer to prepay a cremation plan than to pay when the time comes. Why is this as they can invest your money.
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Probate
Hi all Thanks to the advice I've been so grateful to receive on this Forum (thank you all so much) have had confirmation from HMCTS they have received our probate application, having submitted IHT400 etc and receiving the code. HMRC said they'll contact end of Feb if any queries about IHT so crossing everything we…
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Probate/IHT Confusion
I thought that I would write some notes to help my OH when I depart. I'm assuming we will still be in IHT territory, my wife would be the only beneficiary so no tax would be due at that time, and my limited knowledge is that she would start the process with the IHT form 400 (with necessary sub forms like gifts given within…
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Premium Bonds and Probate
I am a joint executor, with the spouse of the deceased, of a mirror will. I know there was a previous thread about NS&I requiring probate but it didn't cover my query, which is if we just wind up everything and leave the premium bonds where they are (it is the only organisation requiring probate) am I correct in assuming…
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Beneficiary wants to buy
There are 3 beneficiaries with me included; 2 are siblings of the deceased; I'm beneficiary & executor of the Will (I'm still a while away from grant of probate). One of the beneficiaries is considering buying the house and asked for various info. I've not yet informed the other beneficiary about this (I think that I…
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I don't understand inheritance tax
I recently lost my husband, and I feel dreadful. I have been bombarded with correspondence from the authorities regarding tax payments. I am entitled to a widows pension which means that I have to start paying tax. I was my husbands unpaid carer for along time and I was a non tax payer. A Letter from HMRC is asking for…
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Gifts, selling or inheritance
Hello, I'm looking for some advice or input on something I'm unsure about. Unfortunately, my father is terminally ill with cancer and he has a few months to live. As far as I am aware his will and affairs are in order. I've been to see him today and he's made a strange request. He wants to sell me his car for £1 and have…
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Should I cover myself with Gazette notice?
Hi all, I'm the executor of my father's estate that has difficult beneficiaries (I am one of the beneficiaries too). They have questioned why I never placed a notice in the Gazette for any creditors to get in touch. I've never been an executor before and never knew about the Gazette so it's my fault. I'm 99% confident…
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LeO complaint against solicitor
Hi 👋 My family have been having trouble with a solicitor for over three years now, so the LeO has taken up our complaint. Can anyone tell me if it is ‘ legal ‘ for the solicitor to hold onto our inheritance ( £50k ) from the sale of our late Aunts house. He has withheld this amount apparently until the complaint has been…
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Unmarried couple owning 2 properties with 2 children
Am I correct in believing that if one property is 100% owned by one individual in an unmarried couple and the second property 100% under the other individual on the Deeds at Land Registry instead of both being 50% owners of both properties this will be beneficial for IHT on death of either when there are 2 children? Will…
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Tenants in Common after death - what's required
My dad died in March 2022. He and mum owned their property as tenants in common. He left everything to her, and there was solicitor involvement (we had to get a deed of variation) so we thought no more about it She is now selling the property and having accepted an offer and started on the legal process it transpires that…
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Inheritance tax treatment of gifts when first parent dies?
I’m confused and can’t find the answer on HMRC website. I note the rules around gifting and 7yr period etc. What I can't see anywhere is whether any gift becomes liable for inheritance tax when the first parent dies or whether it only becomes a factor when the second parent dies (assuming the first parent leaves their…
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Property nil rate band
Does anyone have any experience of transferring the property nil rate band? it’s my understanding that I can transfer my mothers unused property nil rate band now my fathers passed. My father had remarried but my mother’s allowances hadn’t been used as it all passed to my father before he remarried. Because my mother…
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Reluctant Executor
Where there are 2 Executors for an Estate, is there a path for one Executor to cancel their role due to inability and/or ill health?
