Help with Tax form following father's death

Slinky

I know this isn't really silver surfers subject, but I thought I might find people who had had to deal with this themselves and could therefore answer the question.

My father died last year, my brother is filling out a form 'Potential Repayment to the Estate' which is dealing with his income from 5th April to his death.

On the tax form we need to fill in, it asks for the names, addresses and relationships to the deceased of all known surviving relatives.

My brother and myself inherit the estate after a few minor bequests to charities.

As far as filling out this form is concerned, do we need include his ex-wife (our mother) who he was still paying maintenance to until death? We don't even know where she lives. My father most definitely did not want to leave her anything.

Do we need to include my husband (his son in law), his brother in law, nephews and neices under the surviving relatives? They are not mentioned in the will and would not expect to inherit anything.

Thanks very much for your help with this.

chesky369

You should probably do what the form asks for. It asks for the details of ALL known surviving relatives - not just those who may have an interest in the will.

EdInvestor

HMRC has a very useful and friendly helpline for people doing probate,well worth a call.

Mojisola

I thought that after a divorce the ex-spouse is no longer considered to be a relative.

There must be a limit to the relatives that have to be listed. Any family historian will have pages of people to list!

RAS

Slinky wrote: »

As far as filling out this form is concerned, do we need include his ex-wife (our mother) who he was still paying maintenance to until death? We don't even know where she lives. My father most definitely did not want to leave her anything.

You need to take legal advice on this but I understand that if he was still supporting his ex-wife, she can make a claim on the estate irrespective of whether she is included in the will.

It is not automatic and she only gets a specific time (6 months?) to make the claim.

Slinky

Well I know she knows of his death as my brother had a call from her sister. It's just past 6 months since he died and no communication has been received by us, so I'm assuming Dad's finally got her claws off him (25+ years on).

Biggles

Why does he think he needs to provide details of all known surviving relatives?

I assume this is Form R27 and he is filling it out as Executor, thus on page 3 he will have ticked box A: 'I am an executor named in the will'. Further information about relatives isn't required unless he has only ticked D or E.

http://www.hmrc.gov.uk/forms/r27.pdf

... and, anyway, no, she's not a relative...

Slinky

Yes that's the form, and you're right, it looks like he didn't read the form properly.