Is inheritance tax due?

LauraLondon19

So I completed all the forms but my mum just called the probate helpline to confirm the transfer of residence nil rate band and they said because my Nan's husband never owned any property we can't claim it?

Tom99

LauraLondon19 wrote: »

So I completed all the forms but my mum just called the probate helpline to confirm the transfer of residence nil rate band and they said because my Nan's husband never owned any property we can't claim it?

See here:

https://www.gov.uk/guidance/inheritance-tax-transfer-of-threshold

'Where the first of the couple died before 6 April 2017 their estate wouldn’t have used any of the additional threshold as it wasn’t available. So 100% of the additional threshold will be available for transfer unless their estate was worth more than £2 million and the additional threshold is tapered away.'

There is no condition that the 1st spouse to die owned a property.

getmore4less

Where on the forms did it ask about any property the husband owned?

That's a big clue.

Have a read of the link in the previous post.

LauraLondon19

OK, so after my mum called the probate helpline that said it can't transfer because my grandfather didn't own any property she spoke to someone from the which? legal advice service. They said "I am going to say yes, it can transfer but it is a bit of a grey area, call the probate helpline again"

So my mum then called the helpline again and spoke to a different person. They said it does transfer regardless of if my grandfather owned any property.

So we are sending the forms this week.

I don't understand why we are getting different answers from the probate helpline as it is a basic question. I'm sure they deal with more complicated things then this?

With us, it's the difference between paying £10k (that we don't have) but some people it could be the difference of paying £125k!

Yorkshireman99

LauraLondon19 wrote: »

OK, so after my mum called the probate helpline that said it can't transfer because my grandfather didn't own any property she spoke to someone from the which? legal advice service. They said "I am going to say yes, it can transfer but it is a bit of a grey area, call the probate helpline again"

So my mum then called the helpline again and spoke to a different person. They said it does transfer regardless of if my grandfather owned any property.

So we are sending the forms this week.

I don't understand why we are getting different answers from the probate helpline as it is a basic question. I'm sure they deal with more complicated things then this?

With us, it's the difference between paying £10k (that we don't have) but some people it could be the difference of paying £125k!

That is why you should get advice from a solicitor who is an IHT specialist rather helplines or here. There is too much at stake not to do so.