Changing probate application

worriedalot

Hi, currently applying for probate online and I seem to have got myself in a bit of a pickle. Myself and the other executor, my sister, have got as far as signing the declaration but haven't yet paid or submitted it. We have realised that we should have submitted a IHT400 and haven't. We answered "No" we haven't submitted this form in reply to that question, can we go back and change the answer to yes? Many thanks for any help.

RAS

Why do you think you need an IHT400?

Keep_pedalling

If you do need to do an IHT return then the probate office will reject the application. Is IHT due?

worriedalot

RAS said:

Why do you think you need an IHT400?

I was told this by the probate office on Friday. We are using Residence Nil Rate Band and were told to do this we need to fill in IHT400. To be honest we've been given conflicting advice. The same person also told me that if we are claiming Nil Rate Band we don't need to fill in IHT400. It's a bit confusing. No IHT will be due.

worriedalot

Keep_pedalling said:

If you do need to do an IHT return then the probate office will reject the application. Is IHT due?

Keep_pedalling said:

If you do need to do an IHT return then the probate office will reject the application. Is IHT due?

No IHT will be due.

Keep_pedalling

Claiming either RBRB requires a full IHT return to be completed even if no IHT is payable. What is the total value of the estate and the marital status of the deceased?

worriedalot

Dad was a widower and the total value is approx £375000

RAS

In which case you claim his wife's NRNB not his RNB, taking the allowance to £650k, unless mum left over £275k to beneficiaries other than dad?

You may have asked a question that led to the wrong answer, although I would hope that  a Probate Registry staffer would have clarified his marital status before replying.

Keep_pedalling

RAS said:

In which case you claim his wife's NRNB not his RNB, taking the allowance to £650k, unless mum left over £275k to beneficiaries other than dad?

You may have asked a question that led to the wrong answer, although I would hope that  a Probate Registry staffer would have clarified his marital status before replying.

Assuming his left the bulk of her estate to him then this is what you should have claimed. I would speak to the probate office to see if it is possible to submit a fresh probate application claiming the transferable NRB instead of the RNRB. 

worriedalot

Thanks very much, this is very helpful. I will be speaking to the probate office to see if I can submit a fresh application.