Inheritance Tax Claim to transfer Unused Nil Rate Band

Hi, 
I have just found out that I might be able to Transfer my wife's unused Inheritance Tax allowance but looking at Form there was a Deadline of 2 years to fill in the form but my wife passed 6 years ago.
Is there any way to get around the deadlines would anyone know? or another way for me to claim the unused Allowance?

Many Thanks Pete

Comments

  • RAS
    RAS Posts: 34,891 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Did your wife leave a will?

    Was the property held as a joint tenancy or tenants in common?

    And I suspect your are confusing using a deed of variation, for which there is a 2 year time limit, with the transfer of spousal IHT allowance, for which there is no time limit?

    Or are you referring to the 2 year limit to register Immediate post death interest trusts? As they was bought in after your wife died.
    If you've have not made a mistake, you've made nothing
  • Hi Ras,
    Thank you for the comment, I think I am looking at the wrong form, I think I need to fill in form IHT205 as that looks more like what applies to us, the only property we had was our house which still had about 50% of the mortgage outstanding when Kathie passed away, 

    "Or are you referring to the 2 year limit to register Immediate post death interest trusts? As they was bought in after your wife died."  It Think would this  is what I need to do.

    Best wishes Pete


  • buddy9
    buddy9 Posts: 768 Forumite
    500 Posts Third Anniversary Name Dropper Photogenic
    Your wife’s unused nil rate band can be claimed by your executor. The two year time limit is two years after your death.
  • buddy9 said:
    Your wife’s unused nil rate band can be claimed by your executor. The two year time limit is two years after your death.
    Thanks Buddy9, there was no executor because there was no Will and it happened suddenly, So would I need to explain to the kids they need to fill in a form?

    I have stage 3 bowl cancer and having chemo so I have made a Will and appointed two executors but if I could get things in place it may make things easier in the future.
    Cheers Pete 
  • Keep_pedalling
    Keep_pedalling Posts: 20,067 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 12 October 2024 at 9:35PM
    If you inherited everything from your wife then it will be pretty straight forward for your executors as none of her NRB or RNRB will have been used.

    Might be worth telling your executors about this forum.
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