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Probate/Confirmation if intestate?
Hello everyone. I'm looking for some advice. Apologies for this but I can't find any threads that covers probate/confirmation without a Will. My father passed away intestate and my mother is still around. We want to give my mother probate/Confirmation to deal with his estate. It should be a simple one as all they have is a…
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IHT installments
I understand you can pay IHT in instalments if a property is passed on to the children. If the estate has enough cash in bank accounts to pay the IHT (including that in property) do you have to use the cash to pay it or can you still pay in instalments for the effective IHT for the property passed on? I hope that makes…
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Completing C1 form
I've been trying to sort out my late father's estate now for months but having problems submitting the C1 form to the local sheriff Court. Its a large estate but it only has 2 bank accounts, no property or shares. I'm the only person named in the will so how difficult can this process be? I've looked at as many examples as…
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Two Administrators disagreeing ??
Hi there, I am an administrator along with my sister for my late sister's estate (she died intestate). We have received offers at the asking price on my late sister's house, but my living sister (the other administrator) wants to sell the house to her daughter below the asking price. I have told my sister that I will not…
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Creating a will / LPA for a Spanish resident with UK citizenship
Good afternoon, My mum moved to Spain to reside permanently in retirement and still hold a Bristish passport. She has a number of offshore accounts and UK accounts. All other personal effects are based in Spain. She has put together a will using an "at home" service. I need to know whether this will be sufficient to make…
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Bullying Beneficiary - What are their rights to estate accounts?
Hi All, My sister died intestacy with no children, so her estate must be divided between her siblings. My living brother's children wanted to buy her house at a considerable discount. This was rejected as it would mean the siblings giving up most of their share of the estate. My brother's children have been bullying me and…
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Revising a will...options
Hi all, a few years ago we used the "free wills" service and a local solicitor. It is a relatively simple mirror will, and we just specified percentages to various charities, family and friends.However we are now looking to make some changes, mainly changing a couple of beneficiaries, and also changing some of the…
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Tracing beneficiaries
My husbands father was left a bequest in a will in 1975, but he had deserted the family years before and as far as we know, has never been traced since. We have been compiling a family tree for some years, and have never been able to find a record of his death, only his birth in 1919 and his marriage. The bequest came to…
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Stamp Duty
I should be grateful if any stamp duty experts on here could advise me on what stamp duty is due on the purchase of my deceased parents’ house. I have agreed a price of £355,000 with my two siblings. The total estate is worth £896,000. I calculate I will need to pay my two siblings approximately £76,000, after costs on the…
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IHT 403 - what is income
I have been starting to create records for IHT 403 and would like clarification on what is income. Can it be simply defined as money received that is potentially taxable and therefore does it, and the IHT 403 record, exclude money I may have taken from savings for a particular purchase. I may reduce my savings by £10000 to…
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IHT instalment overpayment
We paid the first instalment due on 1 October 2024 before we received probate. Having collected all the money owing to the estate, we can now pay an additional £50k; however, there is a lot of conflicting information online - and from HMRC - as to how this overpayment would be allocated. Can anyone confirm if and how…
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Probate and IHT 400 Form
Sadly my mum passed away early January. I thought I might try to do probate myself. There is only the house that needs probate. I cannot work out if I need to complete a IHT400 form first. House value is £600k, she has £42k in her bank account and gifted in the last 7 yrs £145k. I thought the iht band was £325k plus £175k…
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What does 'income' mean in a Trust?
Life Interest Trust defined in Will - it incudes a clause that says: ...and to pay any income from the property in which the proceeds are currently invested and any income from my House and the Contents until sale to the Beneficiary during the Trust Period. Can someone smart please clarify what income means does this mean…
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Life Interest Will Trust - IHT on beneficiary death - who is fined for late payment
My understanding is that when the Trust beneficiary dies the Trust assets are treated as part of their estate with IHT due on the total amount and their NRB is allocated in proportion between Trust and other assets. But who pays the IHT and who is liable for late payment penalties? E.g. if Trust was fully invested in a…
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Will Life Interest In Possession Trust
I am executor and unfortunately the Will has a clause setting up Property Life Interest Trust. The house was sold a few years ago when deceased moved into care home and never updated the Will. The Will includes a subclause saying that if the dwelling was sold then the net sale value should be substituted and held in Trust…
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A Nightmare scenario
My sister has passed away suddenly earlier this week. I expect a death certificate to be issued next week. Her husband is currently in a care home with dementia, he’s physically ok, just forgetful. Her 33 year old son has autism, and has a support team who take him out to various activities each week in his Mobility scheme…
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After distanced family bereavement
My wife and I live about 100 miles from both sets of parents. My wife has a brother (to her parents) but he is extremely unreliable, unhelpful and very selfish. Her mother has recently passed away after very quickly after rapid aggressive cancers. Her mother was caring for her dad (both in mid to late 70's) who is now…
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Do I really need an executor account
My understanding is I cant get an executor account until after grant of probate - at that point I would want one. However what can I do in the meantime - here is situation: Other executor was asked to inform banks, personal pensions etc (they had financial power of attorney so made sense). They did nothing so once I…
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Multiple executors named, power reserved / Tell Us Once
Hi, hoping someone can help me. My mother passed away earlier this month and I've registered the death this morning. I have a copy of my mother's Will (not the master copy yet - we won't get that for a couple of weeks) and it appears pretty straightforward: my father is the solely beneficiary as he survives her. If he had…
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Forever stuck on IHT403
Good afternoon, apologies in advance for the long post. I feel like I have been stuck on IHT403 for a very long time and I cannot for the life of me determine what I need to do. I don't know how to just state a value for 7 years worth of gifts without giving more detail. In context, the gifts are not large at all and are…
