How soon?

sunsetboulevard

My parents owned their home as joint tenants.  After a few years they decided to sever the joint tenancy and become tenants in common.  When my mother died in 2012 she left her half of the home to me.  My father and I then decided that we would own the home together as joint tenants.  My father died a couple of weeks ago and has left his estate, including his half share of the home to me, making me the 100% owner of the home.  Even though I am still trying to sort out his estate and work my way through the paperwork how soon can I request probate forms?  Can I do that now so that I have them here ready to fill out?  Also, I don't yet know if inheritance tax will be payable but can I request an Inheritance Tax Reference No. even though I may not actually need to use it?

p00hsticks

I'm sorry for your loss. 
First things first - are you sure you will need probate (as you already hold the property as joint tenants it may not be necessary)?
And even if probate is needed, if the estate is not complicated in many cases you can now often submit an application online without a need to actually request forms. 
And even if you do need forms, if you have a printer then I beleive many of them can simply be downloaded and printed off youself (see here Probate forms and guidance - GOV.UK (www.gov.uk)) 
If you are basing your questions on a previous experience dealing with your mother's estate, be aware that the process has changed significantly since then (and indeed I believe even more so since the start of this year). 

sunsetboulevard

Thanks for your reply pOOhsticks.  I must admit I had no idea about the process having changed, I think I have a lot of reading up to do on the internet.  Unfortunately I don't have a printer so will need to get actual forms sent to me. 
Regarding probate I was thinking that I would need to add up my father's half of the value of the property (probably about £200k-£230k) plus several investments that I know he has.  Unfortunately since my mother died his behaviour changed and he became quite unreasonable and at times aggressive towards me, even though we lived together and I did everything for him!  Trying to broach the subject of what assets he had was met with suspicion and accusations of me trying to swindle him.  Nothing could be further from the truth.  This is why I'm so unsure as to whether Inheritance Tax will be payable or not, I simply don't know what the value of his estate will be.
Also, I know I can apply the Residence Nil Rate Band (not too sure how that is worked out and what the current amount is) and am I right in thinking I could also transfer my mother's RNRB also?  When my mother died I know her estate exceeded the NRB of £325,000 (I think that was the NRB back in 2012) so not sure if that would affect her RNRB.  Any advice would be appreciated.  Thanks.

getmore4less

Jo101 said:

My parents owned their home as joint tenants.  After a few years they decided to sever the joint tenancy and become tenants in common.  When my mother died in 2012 she left her half of the home to me.  My father and I then decided that we would own the home together as joint tenants.  My father died a couple of weeks ago and has left his estate, including his half share of the home to me, making me the 100% owner of the home.  Even though I am still trying to sort out his estate and work my way through the paperwork how soon can I request probate forms?  Can I do that now so that I have them here ready to fill out?  Also, I don't yet know if inheritance tax will be payable but can I request an Inheritance Tax Reference No. even though I may not actually need to use it?

Was that absolute or was there a life interest for your father to live there?

did/do you live in the property?.  (see you do from your next post)

 

Keep_pedalling

As you owned as joint tenants there can’t have been a life interest trust so your mother left you her share absolutely, and that would have used up a good chunk of her NRB but what is left can be transferred to your fathers estate if required. None of her residential NRB will have been used up as it did not exist in 2012 so that can be used as well if necessary. 

If his estate is under £500k then there will be no IHT to pay and you will not need any of your mother’s NRB. You will also only have to complete the probate forms (assuming probate is required to release his investments). IHT400 will only be required if you have to use your mother’s residential NRB to reduce or eliminate IHT because his estate exceeds his exemptions,

Once you know the value of his investments you can run the numbers through HMRCs IHT calculator.

https://www.gov.uk/inheritance-tax-reduced-rate-calculator

You can apply for probate using the on-line service.

https://www.gov.uk/applying-for-probate/apply-for-probate

macman

Much quicker to use the online service than fill in paper forms.

getmore4less

Keep_pedalling said:

As you owned as joint tenants there can’t have been a life interest trust so your mother left you her share absolutely, and that would have used up a good chunk of her NRB but what is left can be transferred to your fathers estate if required. None of her residential NRB will have been used up as it did not exist in 2012 so that can be used as well if necessary. 

If his estate is under £500k then there will be no IHT to pay and you will not need any of your mother’s NRB. You will also only have to complete the probate forms (assuming probate is required to release his investments). IHT400 will only be required if you have to use your mother’s residential NRB to reduce or eliminate IHT because his estate exceeds his exemptions,

Once you know the value of his investments you can run the numbers through HMRCs IHT calculator.

https://www.gov.uk/inheritance-tax-reduced-rate-calculator

You can apply for probate using the on-line service.

https://www.gov.uk/applying-for-probate/apply-for-probate

it is a very common misunderstanding, people think they inherited but didn't because there was a life interest, the common way for spouses, which gets overlooked.

It changes the beneficial interest and tax trail depending which it is and that need clarifying.

it makes no difference to the land registry because legal ownership is always joint tenants.

OP has also said there was IHT on the mothers estate  do all the NRB would have been used.
(That probably could have been avoided) 

sheramber

Jo101 said:

My parents owned their home as joint tenants.  After a few years they decided to sever the joint tenancy and become tenants in common.  When my mother died in 2012 she left her half of the home to me.  My father and I then decided that we would own the home together as joint tenants.  My father died a couple of weeks ago and has left his estate, including his half share of the home to me, making me the 100% owner of the home.  Even though I am still trying to sort out his estate and work my way through the paperwork how soon can I request probate forms?  Can I do that now so that I have them here ready to fill out?  Also, I don't yet know if inheritance tax will be payable but can I request an Inheritance Tax Reference No. even though I may not actually need to use it?

If you became joint tenants your father did not have a half share to leave,.

The house automatically transferred to you as joint owner.

sunsetboulevard

Sorry, everybody, I've been out all day and just got home.  I will try and locate my mother's will to check the wording and also try and find answers to any questions you have asked.  I probably won't come back on here til tomorrow now but thanks for all your help.

sunsetboulevard

Have now found her will.  It's making me nervous reading it as to whether we interpreted it correctly at the time.  This is what it says:

If my said daughter xxxxxxxxxxx shall survive me by the period hereinafter mentioned I give devise and bequeath to her all my real and personal property of whatever nature and wherever situate of or to which I shall be possessed or entitled at my death (except property otherwise disposed of by this my Will or by any Codicil hereto).

The only other legacy was a cash legacy to my child.

I remember my father phoning the solicitor not long after her death and the solicitor telling my father that my mother had left everything to me and my child.  (I believe at the time my parents had mirror wills and owned the property as tenants in common).

Flugelhorn

sounds like you inherited her half as they were TiC  - if you and your father then became joint tenants sounds like you know own all of it automatically