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Probate/IHT Confusion

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I thought that I would write some notes to help my OH when I depart. I'm assuming we will still be in IHT territory, my wife would be the only beneficiary so no tax would be due at that time, and my limited knowledge is that she would start the process with the IHT form 400 (with necessary sub forms like gifts given within 7 years) before going on to the Probate form.

However when I read the HMRC guidance it seemed that no IHT forms were necessary because it would be an Excepted Estate because everything is left to spouse and none of the reasons they give to overide that apply (the giving of gifts to our children is not included in that list).

I feel I'm missing something as that seems to benevolent of HMRC.

Help please.



Comments

  • Keep_pedalling
    Keep_pedalling Posts: 20,732 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 23 December 2024 at 2:42PM
    Unless you are the beneficiary of a trust or have substantial overseas assets there will be no need to do an IHT return on the first death, and probate will only be needed if you have assets that can’t be released without it.
  • newatc
    newatc Posts: 890 Forumite
    Eighth Anniversary 500 Posts Name Dropper
    Thanks KP, that makes life so much easier. A christmas bonus  :)
  • poseidon1
    poseidon1 Posts: 1,317 Forumite
    1,000 Posts First Anniversary Name Dropper
    newatc said:
    I thought that I would write some notes to help my OH when I depart. I'm assuming we will still be in IHT territory, my wife would be the only beneficiary so no tax would be due at that time, and my limited knowledge is that she would start the process with the IHT form 400 (with necessary sub forms like gifts given within 7 years) before going on to the Probate form.

    However when I read the HMRC guidance it seemed that no IHT forms were necessary because it would be an Excepted Estate because everything is left to spouse and none of the reasons they give to overide that apply (the giving of gifts to our children is not included in that list).

    I feel I'm missing something as that seems to benevolent of HMRC.

    Help please.



    The list would not mention children as such, it does mention chargeable lifetime transfers exceeding £250,000 to anyone ( including children ). 

    So if you had made lifetime gifts to children exceeding £250k  ( within previous 7 years ), excepted estate status would not apply. However this is a significant improvement over the pre 2022 position where the gifts threshold was set at a relatively lowly £150,000 - See HMRC manual below. 

    https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm06013
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