HELP...BENEFICIARY DIES BEFORE PROBATE IS GRANTED

JTDS

Mum sadly passed away March 2021 and now Dad has also sadley passed this October.

As I am the executor of their will and also sole beneficiary I have applied for probate back in March to deal with Mum"s estate with all the proceeds going to Dad.

What I would like to know now is... as I am still waiting for Mum"s probate to be granted, does all Mum"s estate still need to pass on to dad"s estate before I again apply for probate for Dad or would Mum"s estate pass directly to me?

I hope this all make sence and any advice would be really appreciated...

p00hsticks

I'm sorry for your losses - it must be very tough for you.

So they had mirror wills where the first to die left everything to the surviving spouse, and they then left everything to you, with you named as executor for both wills ?

My understanding is that, as your father was alive at the time of your mum's death, then he still needs to be treated as the beneficiary despite his subsequent death, and you need to treat the two estates separately.

So, once you have probate for your mums estate it gets added to dad's estate and you'll then need to get probate for dad's estate (which will include what he inherited from your mother). 

I'm assuming that as mum's estate apparently required probate, dad's will as well.

Savvy_Sue

So sorry for your losses.

How much are we talking about, and is a house involved?

Marcon

JTDS said:

Mum sadly passed away March 2021 and now Dad has also sadley passed this October.

As I am the executor of their will and also sole beneficiary I have applied for probate back in March to deal with Mum"s estate with all the proceeds going to Dad.

What I would like to know now is... as I am still waiting for Mum"s probate to be granted, does all Mum"s estate still need to pass on to dad"s estate before I again apply for probate for Dad or would Mum"s estate pass directly to me?

I hope this all make sence and any advice would be really appreciated...

That's a sad double blow for you.

Your mum's estate passes to your dad (with no IHT payable as it is a spouse inheriting), and you then inherit all of your dad's estate. As your mother left everything to your dad, there are 'double' IHT allowances in respect of his estate, including - if there is a property being left to you - a further double 'nil residential band' top up, meaning his estate can be worth close on a million pounds before any IHT becomes payable.

More info: https://www.gov.uk/guidance/inheritance-tax-residence-nil-rate-band

JTDS

Savvy_Sue said:

So sorry for your losses.

How much are we talking about, and is a house involved?

Thanks for your reply Sue and yes there is a house involved aprox £550,000...

JTDS

Thanks very much all for your very helpful replies...

much appreciated...