Inheritance tax
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Dr Jekyll

Original Poster:

23,820 posts

290 months

Thursday 7th November 2019
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As I understand it. The threshold is £325,000, or £475,000 if the estate includes a home being passed on to spouse, children or grandchildren.

So for example if someone's estate consists of a house worth £300,000, and cash shares etc worth another £100,000 with the whole lot being passed to their daughters. Then no inheritance tax is due.

Is that right? A friend is one of the daughters in a broadly similar case to my example and the solicitor doing probate is sucking his teeth and talking about needing to mitigate inheritance tax. Something about the other parent who died 10 years ago leaving everything to his widow possibly passing on his allowance meaning a total £950k allowance now available depending on the arrangements at the time. Even though the estate is looking at being around the £400K mark.

wattsm666

741 posts

294 months

Thursday 7th November 2019
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Tiggsy

10,261 posts

281 months

Thursday 7th November 2019
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Your understanding is right. If the other spouse died and left everything to their spouse then the recently deceased can double to their allowances. Though, based on your numbers, there’s no need.

Pica-Pica

16,588 posts

113 months

Thursday 7th November 2019
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There has been a lot of political talk about (abolishing) inheritance tax this last year or two, so keep an eye on things post election.

Tiggsy

10,261 posts

281 months

Friday 8th November 2019
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Pica-Pica said:
There has been a lot of political talk about (abolishing) inheritance tax this last year or two, so keep an eye on things post election.
Never gonna happen

Enut

1,003 posts

102 months

Friday 8th November 2019
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Dr Jekyll said:
As I understand it. The threshold is £325,000, or £475,000 if the estate includes a home being passed on to spouse, children or grandchildren.

So for example if someone's estate consists of a house worth £300,000, and cash shares etc worth another £100,000 with the whole lot being passed to their daughters. Then no inheritance tax is due.

Is that right? A friend is one of the daughters in a broadly similar case to my example and the solicitor doing probate is sucking his teeth and talking about needing to mitigate inheritance tax. Something about the other parent who died 10 years ago leaving everything to his widow possibly passing on his allowance meaning a total £950k allowance now available depending on the arrangements at the time. Even though the estate is looking at being around the £400K mark.
You are correct, possible problem could be if deceased has made gifts in the past, which could come back into the estate and use up the nil rate band, but as you state there is still the unused nil rate band from the other parent if needed.

The solicitor is probably sucking his teeth in order to try and justify their fees. Usually it's a little late to mitigate inheritance tax once the person has died!

anonymous-user

83 months

Friday 8th November 2019
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Dr Jekyll said:
As I understand it. The threshold is £325,000, or £475,000 if the estate includes a home being passed on to spouse, children or grandchildren.

So for example if someone's estate consists of a house worth £300,000, and cash shares etc worth another £100,000 with the whole lot being passed to their daughters. Then no inheritance tax is due.

Is that right? A friend is one of the daughters in a broadly similar case to my example and the solicitor doing probate is sucking his teeth and talking about needing to mitigate inheritance tax. Something about the other parent who died 10 years ago leaving everything to his widow possibly passing on his allowance meaning a total £950k allowance now available depending on the arrangements at the time. Even though the estate is looking at being around the £400K mark.
I know it’s too late but why, oh, why use a solicitor for such a small estate?

My wife and I have just commpleted arrangements for my MIL. House, and similar sum as mentioned in various cash and equities.

It was really straightforward. Online form for probate, after completing HMRC declaration of assets and getting a reference showing no IHT liability.

I can’t stress enough just how straightforward and simple it’s been.

megaphone

11,655 posts

280 months

Friday 8th November 2019
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I have been executor of two estates and we did all the work ourselves, as said it is pretty straight forward if you have the time to do some research etc.

One was well within the IHT thresholds, the other was just on the limits, well it was after we 'double checked' our figures.

Enut

1,003 posts

102 months

Friday 8th November 2019
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REALIST123 said:
I know it’s too late but why, oh, why use a solicitor for such a small estate?

My wife and I have just commpleted arrangements for my MIL. House, and similar sum as mentioned in various cash and equities.

It was really straightforward. Online form for probate, after completing HMRC declaration of assets and getting a reference showing no IHT liability.

I can’t stress enough just how straightforward and simple it’s been.
That is also correct. I had a client (I'm an IFA) a few years ago where they used a solicitor for her husband's estate, I basically did all the work in relating to investment valuations etc and also pointed out some things about the nil rate band that the solicitor didn't know, I did all the investment work as we thought that would save the solicitor time and reduce the fees, it may well have reduced their time but they certainly didn't reduce their fees!

EU_Foreigner

2,838 posts

255 months

Friday 8th November 2019
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Indeed, drop the solicitor as soon as you can to avoid a massive bill.

Bit like Power of Attorney, online is also very simple to do and saves a lot in (unnecessary) fees.

Chainsaw Rebuild

2,137 posts

131 months

Friday 8th November 2019
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I dealt with my Fathers myself. Assuming it’s not a particularly complex case and that you are reasonably good with forms, and google; You don’t need a solicitor.

A solicitor will take the stress out of it for you, whilst they are thinking up a big number to invoice you with.

FurtiveFreddy

8,577 posts

266 months

Friday 8th November 2019
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If you really don't want to do it yourself a probate specialist would usually be cheaper than a solicitor.

EU_Foreigner

2,838 posts

255 months

Friday 8th November 2019
quotequote all
Chainsaw Rebuild said:
I dealt with my Fathers myself. Assuming it’s not a particularly complex case and that you are reasonably good with forms, and google; You don’t need a solicitor.

A solicitor will take the stress out of it for you, whilst they are thinking up a big number to invoice you with.
Don't forget those strange £50 photocopying charges. They may as well state "slush fund".

Who uses a photocopier nowadays ....

TwigtheWonderkid

49,058 posts

179 months

Friday 8th November 2019
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Tiggsy said:
Pica-Pica said:
There has been a lot of political talk about (abolishing) inheritance tax this last year or two, so keep an eye on things post election.
Never gonna happen
It is.... definitely having an election, 12 December. hehe

anonymous-user

83 months

Friday 8th November 2019
quotequote all
TwigtheWonderkid said:
Tiggsy said:
Pica-Pica said:
There has been a lot of political talk about (abolishing) inheritance tax this last year or two, so keep an eye on things post election.
Never gonna happen
It is.... definitely having an election, 12 December. hehe
Yes, it does look like the election will happen.

In just waiting for a party to promise to abolish IHT, cut motoring taxes, reduce VAT and decimate the numbers and costs of both Houses of Parliament to allow for that, then I’ll know who to vote for.......




Dr Jekyll

Original Poster:

23,820 posts

290 months

Friday 8th November 2019
quotequote all
Tiggsy said:
Your understanding is right. If the other spouse died and left everything to their spouse then the recently deceased can double to their allowances. Though, based on your numbers, there’s no need.
Probably a silly question. But assuming they don't need both would it be simpler for them to use the extra £150K than the spouses allowance?

EarlofDrift

4,723 posts

137 months

Friday 8th November 2019
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Or if you plan ahead you'll pay nothing

brman

1,233 posts

138 months

Friday 8th November 2019
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Dr Jekyll said:
Tiggsy said:
Your understanding is right. If the other spouse died and left everything to their spouse then the recently deceased can double to their allowances. Though, based on your numbers, there’s no need.
Probably a silly question. But assuming they don't need both would it be simpler for them to use the extra £150K than the spouses allowance?
Was probate done for the pre-deceased spouse?(*) Assuming yes then there is a already record that everything was passed to the person that just died so I would do both, if only because it shows you are massively under the allowance and so chance of someone challanging the valuation of the estate.
As others have said, the hard part is working out what everything is worth. Filling in the forms is the easy bit, you are just ticking a few boxes and adding up a few sums. iirc there is even an online calculator to help you work out the allowance? (not that it is hard....)

(*)actually, even if probate was not done for the pre-deceased spouse it is suprisingly easy. This was the case for my mother (died in 2016, no probate) and I did probate for my father recently. iirc all I had to do was say I wanted to use her allowance and send in her will as well as my fathers.
The difficult/stressful bit for me was actually getting hold of the winchester probate office given they do not answer their phones and took about 4 months to sort things out.....