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I am UK resident and have £325.00 before paying 40% tax. Is my deceased non UK husband also have £325.00 allowance to add to mine. Non resitent in UK. Tks

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  • Keep_pedalling
    Keep_pedalling Posts: 20,732 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    Did your husband reside in the UK at the time of his death?
  • poseidon1
    poseidon1 Posts: 1,317 Forumite
    1,000 Posts First Anniversary Name Dropper
    HYDRA123 said:
    I am UK resident and have £325.00 before paying 40% tax. Is my deceased non UK husband also have £325.00 allowance to add to mine. Non resitent in UK. Tks
    Actually this could be a complicated question if your husband was not only non UK resident but  also non UK domiciled ( ie he was not born British) and died having never having acquired a deemed UK domicile ( through passage of time) or  a UK domicile of choice. 

    Question - assuming your husband was in fact a ' non dom' on death, did he leave any UK as well as foreign assets?  If yes did you Inherit all those assets or if you have children did any of the UK assets pass to your children ?  Also before, death had he made any substantial gifts to anyone other than yourself in the 7 years prior to death? Lastly, was it necessary for you to obtain UK probate to access any UK assets he may have left, if so what was the value?

    Depending on the answer to these questions you may have a £325k NRB  transferable from him, or some or all  of it may have been used against gifts made in the 7 years prior to death and/or any UK assets passing on death to children.

    Finally, do you own a UK property and have children? If so you may have an extra £175k residence nil rate band available to transfer from your husband, giving you potential transferable NRBs of £500k rather than just £325k.
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