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Is probate needed?
Hi if I want to do a no win no fee medical case do I need probate? (That is otherwise not needed). I am next of kin according to intestate rules and dealt with affairs after death. We do have grounds for a medical case but don’t want to go through probate if not needed?
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Inheritance & capital gains: Wills & Trusts
I am looking for some guidance and advice on how best to leave any property or valuable to your loved ones. How can a house with mortgage be passed on to children in the most tax efficient way? Are there different types of "Trusts"? Or, is a Will the only poor man's way (i.e. without limited companies etc.)? Are solicitors…
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Current HMRC / probate timescales?
IHT 400 and related docs submitted to HMRC end August (with payment).Anyone know current estimated* Timescales for HMRC to process* timescales for subsequent Probate application Thanks
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Changing Executors
I created a will over 20 years ago when I got divorced. I assigned two individuals to be the executors. My children were young at the time, and the people I chose as executors are older than me. The instructions in the will are straightforward: sell all assets, pay off any debts, and then divide any remaining money among…
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DWP overpayments
Hi May father was signed off work 5 years before he died. The only capital he had was a 1/6th share in a piece of land that he couldn't sell as the other owners didn't want to sell. He was initially refused benefits on this basis after the DWP decision maker estimated his share to be worth 20.000. My father subsequently…
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Will distribution in Scotland
Hoping for some help from people that know a bit about the law in Scotland. My MIL is mid eighties and wants to set up a will where my wife and kids will be the only beneficiaries, however my wife has a brother. She's been told that you cannot disinherit kids in Scotland, so her son (black sheep of the family) will…
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Rebate understanding from HMRC - when part of inheritance
Hi, really struggling to find clear information and hoping some clarity on here, and just impossible to get through on the numerous tries to HMRC. My nan died a couple of years ago, and her request was everything was split equally between 3 of us. Estate went through Co-op, but they closed the last part as HMRC were taking…
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Help getting copy of divorce decree absolute
currently helping a friend and her son apply for letters of administration following the sudden passing of the boys father, there was no will. Need to supply the divorce papers as part of the LoA . the divorce was completed/finalised at Hitchin court 14 years ago, since then Hitchin court has close so her application was…
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Grant of Confirmation
With the great help of this forum I submitted a grant of confirmation form C1 to my local Court a few months ago. The process is now concluded but it was twice returned to me, wrongly in my view, and I would appreciate comment on this, specifically the second return. Note there was heritable estate (property) and a…
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IHT pay by installments calculation
Hi How do I calculate what IHT I need to pay now if I apply to pay by yearly installments? House value £545,000 + Other assets £440,000 (share ISA) = £985,000 Less nil rate allowance £500,000 IHT due £485,000 x 0.4 = £194,000 Do I just need to pay 10% ie £19.4k before probate? Thanks
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Disregarded Capital After Death?
Hi. My father passed away in 2021. He was in reciept of benefits five years prior to his death but was initially refused them due to owning 1/6th of a piece of land with his share exceeding the 16000 threshold. After the other Co owners signed to say it couldn’t be sold as they did not want too, my dad started recieving…
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Land Registry overreaching Trustee
Hi, any advice most appreciated. My mum passed away approximately 7 months ago. We were not expecting her to pass as suddenly as she did. She was a young mum and her partner was only a few years older than me. A few weeks before she passed, mum shared that her partner had been trying to get her to agree to being removed…
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HM Land Registry - Witness & Verification of ID - Forms AP1, AS1, ID1
Finding the HM Land Registry forms very difficult to understand , having to navigate to different links on HMRC website to figure out how to complete various sections of the forms AP1, AS1, ID1. These forms are for the transfer of my deceased father's property to my sister and it should be straightforward as no third party…
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Capital Gains Tax - Allowable Expenses
It's now 21 months since my father's death and we’re close to completing on the flat sale. The kitchen and bathroom needed a complete renovation to be able to find a buyer. I’ve done some research on the rules for this with CGT and that part is clear. There will be a deferred sinking fund service charge of £12K which will…
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Probate question
My mother passed in June. Have only just managed to get her will from the solicitor and I am the some executor. She wrote a will ten years ago before my brother died.from correspondence we have from solicitors it is clear she wanted to change her will but after meetings with the solicitors she did not go ahead due to the…
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Inherited share in house (main residence/ beneficiary) and CGT
Hi All my Late mum was a widow and died in Nov 22 leaving estate 3 way split between myself and 2 siblings. One sibling was going to buy it but hasn’t sold their house yet so can’t. We have discussed Deed of variation but one sibling not keen. I am living there as my main residence and don’t own another property yet. I was…
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Deed of variation
My late father’s estate is almost ready for distribution to his three children equally, I would like to pass my third share directly to my 2 daughters. One daughter lives locally and one is in Perth Australia, the solicitor has asked for their original passports for ID which I’m not comfortable with obtaining the one from…
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Rent income on deceased mothers property
My wife is renting out her deceased mother’s house with the rental income going to the local council to reduce large outstanding care home fees. I am the executor and am not sure who should declare the income, my wife via self assessment or the late mother’s estate. Any help would be greatly appreciated.
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AS1 form
Hi folks, my wife was left a house from her late father, now she and her brother are the executors of the estate. We have had the as1 form back, but it has my wife and her brother on it - but he was not left any share of the house? Is this correct please. Thank you.
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Closing a Will trust
I did a HMRC trust registration earlier this year as it was 2 years after my Mum died and in her will she left her half of the property to me and my Brother in trust, with my Dad retaining a beneficial interest. Now 6 months later, my Dad has also died meaning the trust has ended (Dad's will mirrored Mum's so now we are…
