Thanks for your reply Neil. I am happy to apply for probate but I just wasn’t sure whether I needed to obtain form IHT400 first, or whether as an excepted estate the form wasn’t necessary.

Hi Darrell, and thanks for your query. Yes, I agree, the HMRC guidance on what can and cannot pass through the excepted estate procedure is in parts ambiguous! As I am sure you are aware, there are issues beyond just values that may apply (eg lifetime gifts, trusts, assets abroad), but if there is a property, then there should be [...]

Hi – please can you advise as to whether we can apply directly for probate or whether we need to first obtain any relevant form from HMRC. The deceased passed away on 27th April 2024. Her entire estate was worth c. £375k. This obviously exceeds the inheritance tax threshold, but as the entire estate was left in her will to [...]

Hi, and thanks for your question. It is NOT mandatory to obtain Probate. It is only needed if (a) the estate is not ‘Excepted’ (eg IHT is payable), or (b) if asset holders are insisting on seeing it to release funds. Hope that helps – and thanks again for reaching out to QLAW!

Hi there, thanks for getting in touch. We can certainly help with your query, however we can’t give legal advice via the website. We’ve emailed separately and look forward to hearing from you so we can get you onboarded and advise once we’ve got all the details we need.

Hi – and great question! The phrase you have quoted doesn’t suggest necessarily that there is a discretionary trust (DT). What that will depend on is what followed – ie were the gifts to be bequeathed made absolute/unconditionally, or otherwise. Thanks so much for visiting QLAW!

Hi Michael and thank you for your question. I am sorry to hear of the loss of your mum, and dad. Yes, assuming your father’s estate passed outright to your mother, and all other excepted estates requirements are met, there should no need to submit a return to HMRC, allowing you to follow the more straightforward excepted estates probate application [...]

Hi Barbara. The content of wills become public when probate is granted. And so, when (or if) it is, you will be able to obtain a copy. Have a look at this on the Govt website https://www.gov.uk/search-will-probate

Another great question! As with any trust or will, there should always be a backstop scenario that provides a catch all solution

Great question! And yes, married couples can be each other’s attorney (and typically will be).