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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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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…
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Estate valuation and Probate - chicken and egg?
Apologies in advance if this is obvious to everyone but me, and/or has been asked a thousand times before! The MSE Guide to Probate shows 'Apply' as no. 6, then 'Value the Estate' as no. 8. Logical enough. However, when applying for Probate online, the estate must be valued BEFORE the Probate can be applied for, because…
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More on delays but not just probate
Just to make a change from the many threads on probate taking so long ... Does anyone have recent experience of how long it is taking for a typical DWP investigation where a repayment will be due? For those not aware, if there have been means tested benefits such as pension credit, DWP do not get involved with executors…
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Council tax and tell us once
This is more of a "Sheeesh!" than a question but wondering if this is common. Lost our father in March & did tell-us-once within about a week. Then this Friday 13th received a letter demanding £1.7k council tax for 2024 by tomorrow Monday 16th or face a court summons. So, I guess I have to email plus sit on their phone…
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Advice needed inheritance
We are inheriting our fathers house between me and my 2 brothers, probate is yet to begin so at this time the property still belongs to his estate. I have lived with my father for the last 12 years & lived my life around him & any care he needed though not in any official capacity, both brothers were happy for me to do so…
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Trust and IHT question
My father died in 2015 leaving all his estate solely to his wife (my mother) including property. My mother subsequently died in 2023, leaving 50% of residual estate to myself and the other 50% to my daughter (who at the time was 21), who would receive it when she attained the age of 25, or if she died it would go to her…
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How does AIP work after death
FIL - died recently, since got probate etc FIL & MIL have a DWP letter from 2020 indicating they have Pension Credit and an Assessed Income Period ( can't find any later letters on the subject) and they last 5 years don't they ? His bank account had risen to 30k at time of death - just from pension payments, no other…
