When one married partner dies, is their inheritance entitlement automatically transfered?

Jeepers_Creepers

Hi all.

As the title; when one partner in a marriage passes away, is their £325k inheritance entitlement automatically transferred to the surviving partner to make it a total of £650k for them?

I know that property value can be added to this to some degree, but my question is only about how this main entitlement is transferred - is it automatic or are forms required?

Thank you.

TcpnT

Nothing is required on the first death. However the allowance has to be claimed as part of the probate application for the second partner to die. At this point it is necessary to prove the amount of unused allowance available from the first partner. The easiest way top do this is to apply for probate at the time of the first death (even if not strictly required) and then keep the calculations and application as evidence to use on the second death.

Dox

No - because part of it may be used up if the deceased left property to anyone other than their spouse.

As the answer above says, it has to be claimed at the time of the second death. If the first person to die left everything to their surviving spouse, then just keep a copy of the will. Getting probate if it isn't needed can be expensive.

Yorkshireman99

Dox wrote: »

No - because part of it may be used up if the deceased left property to anyone other than their spouse.

As the answer above says, it has to be claimed at the time of the second death. If the first person to die left everything to their surviving spouse, then just keep a copy of the will. Getting probate if it isn't needed can be expensive.

Too general an assumption in the absence of more detailed facts.

Dox

Yorkshireman99 wrote: »

Too general an assumption in the absence of more detailed facts.

Perhaps you could explain why you think it wouldn't and what further detail is required?

Yorkshireman99

Dox wrote: »

Perhaps you could explain why you think it wouldn't and what further detail is required?

An absurd question as I don’t one have the details. Post #2 seems the best way albeit at some cost. Better to get it done now when all the information is to hand. Later on probate might be required anyway. Getting it done now is probably simpler but more detail is really need.

Jeepers_Creepers

Thanks all.


The only bit I wondered about was the transfer of each person's entitlement on the passing away of one, and that would appear to be 'automatic' when the house was jointly owned by a married couple.



The rest largely comes down to how things are left by the remaining partner in their will, and that is for them to decide.



Cheers - appreciated.

getmore4less

Dox wrote: »

No - because part of it may be used up if the deceased left property to anyone other than their spouse.

As the answer above says, it has to be claimed at the time of the second death. If the first person to die left everything to their surviving spouse, then just keep a copy of the will. Getting probate if it isn't needed can be expensive.

Not sufficient,

The obvious one being PETs.


For your simplistic case probate won't be expensive(£215-£250) if you DIY.

Tom99

Jeepers_Creepers wrote: »

Thanks all.
The only bit I wondered about was the transfer of each person's entitlement on the passing away of one, and that would appear to be 'automatic' when the house was jointly owned by a married couple.
The rest largely comes down to how things are left by the remaining partner in their will, and that is for them to decide.
Cheers - appreciated.

[FONT=Verdana, sans-serif]Whether the joint owners own the property as joint tenants or tenant's in common is used to decide who inherits the property, but that has nothing to do with whether or not the surviving spouse will inherit the £325k NRB.[/FONT]

[FONT=Verdana, sans-serif]If the property is held as joint tenants then the surviving owner will automatically inherit the deceased's share by survivorship. It cannot be left to another person under the will.[/FONT]

[FONT=Verdana, sans-serif]If the property is held as tenant's in common then the property will be inherited under the terms of the will or intestate rules, which may, or may not, mean the surviving joint owner spouse inherits.[/FONT]

Jeepers_Creepers

Thank you.