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Deed of Variation and probate

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Snookie12cat
Snookie12cat Posts: 805 Forumite
500 Posts Third Anniversary Name Dropper
edited 31 January at 5:29PM in Deaths, funerals & probate
Ok, those who have seen my earlier post who directed me to seek professional advice, thank you. I have done that and we have decided to do a DOV and give my mum the property which was given to us children (this is for many reasons, but mostly I don't think my dad expected to die so young and he wouldn't have wanted my mum to be left as she has). We are happy with this and all the beneficiaries agree. 

With this in mind, do I do probate and the IHT form based on the new will which states my mum is to have the house, or on the old will stating his children would? Do I just send the old will to the probate office or the DOV as well?

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  • Keep_pedalling
    Keep_pedalling Posts: 20,993 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Unless his estate was over £3M or was the beneficiary of a substantial trust, this will now be an excepted estate and you don’t need to complete an IHT return.

    jointly owned assets, including the home, does not need probate so you will only need it if he had any sole assets that can’t be released without it.
  • Snookie12cat
    Snookie12cat Posts: 805 Forumite
    500 Posts Third Anniversary Name Dropper
    edited 31 January at 5:28PM
    Unless his estate was over £3M or was the beneficiary of a substantial trust, this will now be an excepted estate and you don’t need to complete an IHT return.

    jointly owned assets, including the home, does not need probate so you will only need it if he had any sole assets that can’t be released without it.
    The house is tenants in common so I believe probate is needed to administer that.
    I need to do a mini calculation for IHT for the probate application, even if no tax is due.
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