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Will, property protection trust and useless solicitor!
Myself and siblings find ourselves in a pickle today... seeking some guidance / advice if anyone can help as our solicitor is proving to be useless!!!. My widowed Mother remarried a man 10 yrs her junior in 2015 with the newly weds living in my mother and fathers old house initially. 2016 The newly wedded couple purchase…
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Contesting a will
Asking on behalf of a colleague, as many of you will recognise my username as my partner has just completed IHT400 and probate by herself, after many headaches we are now in the probate queue. my colleague (call him ‘X’) father has recently passed, leaving 2 children (one being ‘X’ from work). About 18 years ago ‘X’s…
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Inheritance question
I was hoping if somebody could advise what the likely outcome of the below is. My mum and her partner were never married, although they were together over 30 years. My mum had 2 children from a previous marriage (my sister and myself) and her partner had 4 children from a previous marriage. Several years ago, my mum and…
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In the event of my death can I leave my share of my mother's will to someone else?
I am a 1/4 beneficiary in my mother's will and am currently unable to change the will. Can I create a will or a document that states in the event of my death, my share of the will can be passed on to someone else? I believe I can make a legal document specifying the distribution of my share of the will. Does anyone know…
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Delaying estate distribution to gain a tax advantage
It would appear that the tax rates for estates are flat i.e. with no allowances, but with no progression either: https://www.gov.uk/hmrc-internal-manuals/trusts-settlements-and-estates-manual/tsem7413 "Income tax Income is charged to tax at the rate appropriate to the nature of the income received, for example * dividends…
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When is it Reasonable to Expect a Partial Distribution of an Estate?
I and the person I live with have been left (apart from a couple of small bequests to charities) someone's entire estate. This consisted of savings and investments and a half share of the value of the house that the deceased lived in. The estate is below the inheritance tax threshold and probate was granted in March. In…
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Have I messed up probate application?
Applied for probate for father's estate. Probate office have raised a query stating the IHT values are above the limit of £325000 for an excepted estate. Net value for estate is £760,000. House is worth £600,000 and is being left to children. Mother died a year ago and left everything to her husband - my father. So two nil…
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Letters of Administration and address change for Personal Representative
If any of you have obtained Letters of Administration (because the person died intestate), naming you as the Personal Representative, and you have subsequently moved house, meaning that your new address doesn't match the one against your name on the LoA, have you encountered any problems when dealing with various…
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Help please-surviving partner does not have capacity
A friend lost his wife suddenly last Sunday. There is no will. He'd had a stroke 8 years ago which left him with significant cognitive impairment and limited capacity. Unfortunately their bank account seems to be in the wife's name only, at least it's only her name on on the chequebook and debit cards, and he says his…
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Help needed - so grateful for any advice.
I hope someone can help. My Son's half-sister's mother has recently died and the house was in her name and that of her estranged husband. Her mother left a will that everything she owned went to her daughter (young adult). The estranged husband (father of my sons half sister) has agreed that he will sign over his half of…
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IHT 400 - is it needed?
I'm acting as executor for an estate - details as follows: Married couple own house as tenants in common - house value around £450,000 Wife dies, her will creates a Lifetime Interest Trust enabling the husband to live in the house until his death, when house will pass to daughter. Wife's savings and chattels valued at…
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Inheritance Tax Proportions
I know there is the £325k nil rate allowance for IHT for cash/savings etc and then on top of that a £175k allowance for property which then equates to £500k total. My question, which I can't seem to find the answer to on gov.uk, is if someone has cash/savings of £400k and property worth only £100k (equating to the £500k)…
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Protecting a will against fraud
I'm having a will drawn up by a solicitor. Is it possible to have a clause that the will can only be superseded by another will drawn up by a solicitor? This would mitigate the risk of a subsequent fraudulent DIY will. Or any other suggestions for protection from fraud for wills? Many thanks for reading.
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Probate, estate value and selling house and contents
Mum has recently died, everything was left to Dad in her will (house owned as joint tenants). Dad has applied for probate(9 weeks ago) as the value of some of Mum’s assets exceeded institutional limits. On the probate form, value of house and Mum’s sole assets listed but not value of house contents. Dad wants to sell the…
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Can't work out if mother's estate attracts IHT
Despite carefully reading through all of the gov.uk IHT guidance, I still can't work out if our late mother's estate does or does not attract IHT or, if so, how much of the estate attracts IHT. * live in Scotland * widowed mother passed away June 2023 * the will leaves all divided equally between brother and myself * total…
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Probate or not?
My husband died recently and did not leave a will. We don’t own our own home and the only asset he has is about £25000 in Barclays current account in his sole name. Will I have to deal with probate? Thank you.
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Inheritance tax. How much?
My dear Mum died recently. She owns a house worth £800,000. She has left her entire estate to be split 3 ways between myself, my sister and my son. She was divorced and had no debts. How much of the 800k will be left after inheritance tax?
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Executor access to credit card statement
I'm having an off-topic discussion on the credit card board with another poster who says that an executor cannot obtain credit card statements for the deceased. My position is that there's no reason why that wouldn't be possible, but I haven't needed to do it myself so I'm hoping that someone on here can provide evidence…
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If Executors are unwilling to act
I know from past experience of acting as an Executor for a Will that an Executor can opt out and elect to allow another named Executor to deal with the administration of an estate. My question is this: if there are two Executors named in a Will and neither of them want to do it, can they put everything in the hands of a…
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One inheritance beneficiary buying their share their house from the others - how to value?
Hi there In 2020 a distant relative died leaving me with a 4th
stake in their estate (the other beneficiaries being another relative and 2
charities). However, the will was disputed by another party who claimed to have
been the relative’s live-in partner of two years. We’ve never had proof that
she was apart from the fact…