Gift tax query

My brother very sadly passed away recently. Unfortunately he did not make a will and had no spouse or children. My elderly mother is therefore his next of kin. My mother said that any money she receives from my brother's estate which we estimate to be around £60/£70k, she would like to gift to my sister and I. 
My question is, f she gifts us this money , will we pay tax on it? I know you pay inheritance tax if estate is worth over £325k. My mother's house combined with her savings will be worth around £180k so does this mean she could gift us our brother's money tax free?

Comments

  • Mark_d
    Mark_d Posts: 2,251 Forumite
    1,000 Posts First Anniversary Name Dropper
    Yes it looks like it'll all be tax free.
  • RAS
    RAS Posts: 35,053 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There are possible issues, one being your mother's age and health. If there's any chance that she might need care (not just a care home), the LA could look at the gift.

    The other being that is she currently receives or might  claim benefits, they'd refuse to pay her because she has deprived herself of assets.
    If you've have not made a mistake, you've made nothing
  • dales1
    dales1 Posts: 263 Forumite
    Eighth Anniversary 100 Posts Name Dropper
    Deed of Variation ??
  • sheramber
    sheramber Posts: 21,826 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    dales1 said:
    Deed of Variation ??
    Would still count as deprivation if money needed for care. 
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