Confirmation process 17 January at 1:23AM in Deaths, funerals & probate 5 replies 131 views

Kazieme

Hello. Trying to get to grip with complexities of the confirmation process. 

Can I please check with this group if my interpretation of the pertaining IHT rules for grant of confirmation of my mother in laws estate, and forms to be completed, are correct. She died Jan 2023. 

The value of her estate is roughly £680,000

(Property value c£360,000 and bank/investments of £320,000) 

She has available to be transferred to her estate her  husband’s entire £325000 NRB (he died some 20 years ago.) to be added to her own £325,000 NRB allowance.

 In addition, there is  100% of RNRB of £175000 x 2 - available to be added  - she is leaving her property , wholly passed to her on her husband’s death to her 2 children. 

Is it correct that based on above, her estate is classed as exempt?

Am I also  right that as no IHT is therefore due, only form C1 requires to be completed for confirmation?

Am hoping my reading of this is right, but will appreciate knowing if any of above is off track. 

Thanks in advance for any input. 

buddy9

Even though there is no IHT liability, the estate is outwith the 'excepted estate' limits and you will require to submit IHT 400 to HMRC (along with a copy of form C1) before you can submit your application to the sheriff court.

Keep_pedalling

As above, as soon as you need to claim the residential NRB a full IHT return is required.

Kazieme

Thanks, both, for clarification. Appreciated. 

Kazieme

Kazieme said:

Thanks, both, for clarification. Appreciated. 

Seems obvious now that an IHT form would be required if you want to claim a tax concession. Think this process induces brainfog!

Thank goodness for a helpful forum to keep you right. 

Keep_pedalling

Kazieme said:

Kazieme said:

Thanks, both, for clarification. Appreciated. 

Seems obvious now that an IHT form would be required if you want to claim a tax concession. Think this process induces brainfog!

Thank goodness for a helpful forum to keep you right. 

Not all exemptions, if you only needed the NRB and transferable NRB then a return is still not required.