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Nil rate transfer for spouse

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Comments

  • SeniorSam
    SeniorSam Posts: 1,674 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 18 June 2015 at 1:46PM
    @ getmore4less.

    Many thanks for that, from which, as above, I see there was an allowance of Estate Duty of £5000.

    It will need the Probte details to establish the net estate value of the father when he died, as this is essential to what may be allowed now if no tax as paid the time.

    Sam
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    SeniorSam wrote: »
    @ getmore4less.

    Many thanks for that, from which, as above, I see there was an allowance of Estate Duty of £5000.

    It will need the Probte details to establish the net estate value of the father when he died, as this is essential to what may be allowed now if no tax as paid the time.

    Sam

    post 1 had that info
    my father died in the 1960's - his estate passed to my mum, but just exceeded the then estate tax limit of £5000 and it seems there was no retrospective spouse transfers.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    OK long shot,
    has she recieved any inheritance in the last 2 years?

    If she has a DOV may be an option to get that money out of the estate.
  • nom_de_plume
    nom_de_plume Posts: 966 Forumite
    Part of the Furniture 500 Posts
    OK long shot,
    has she recieved any inheritance in the last 2 years?

    If she has a DOV may be an option to get that money out of the estate.

    Would that even be possible as surely it needs the beneficiary to agree the Deed and the beneficiary in this case is deceased?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Would that even be possible as surely it needs the beneficiary to agree the Deed and the beneficiary in this case is deceased?

    Administrators(of the current estate) can do it.
  • eddtheduck
    eddtheduck Posts: 49 Forumite
    Part of the Furniture Combo Breaker
    For info - the download on this page http://www.saga.co.uk/saga-magazine/2014/september/paul-lewis-new-guide-to-inheritance-tax.aspx is by far the most comprehensive guide I have seen. IHT with regard to a spouse dying before 1972 is dealt with in Appendix I on p.21.
  • thestens
    thestens Posts: 234 Forumite
    Part of the Furniture Combo Breaker
    I have just had the same problem! My mum died in January and her first husband died in 1968. We thought after some research on line that we would not be able to claim the nil rate for him (some of my stepfather's allowance was used so we want to use my father's allowance to get the full amount allowed) but then we contacted a solicitor to look into it further for us. He has been in touch with HMRC and, after speaking with them, thinks we will be entitled to it. He has submitted all the paper work (I did it myself to save money, he has just done his bit and submitted it for me). We haven't got probate yet or heard officially from HMRC but he seems confident and he is very experienced, so we are keeping our fingers crossed, as like the OP, it makes quite a bit of difference financially.
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