Hi, Many thanks for your guidance above regarding an Excepted Estate with no Probate required. Am I required to send the Will to Probate or can I keep it ? Thanks

Hi Pat, and thank you for your query. There remains (in my view) a significant degree of ambiguity around when and when not HMRC need to be (or not) notified in an excepted estate. It is something we have been in discussion with HMRC around (and Probate Registry). We can not advise specifically on your circumstances without full knowledge of [...]

Thanks so much for your question. We obviously can’t advise specifically on your transaction. In a generic sense, whilst the TR1 is often signed before exchange of contracts it is not ‘wrong’ to deal with it between exchange and completion. Hope that helps and thanks again for reaching out! Best wishes from Team QLAW

Thanks so much for your further question! Deeds of variation are very often entered into after the ‘initial beneficiary’ has received funds from the estate.

Thank you for your reply. Just a query on the deed of variation issue if I may… I understand that it would permanently reduce the IHT allowance available to pass from my father to my mother if a deed of variation was to be used instead of my mother gifting the funds from her receipt of the residuary estate. However, [...]

A really interesting question for which thank you. This discussion forum isnt intended to be taken as legal asdvice, but hopefully the following points around the subject matter may help! And, if you would like to talk to one of our estate planning lawyers – you can always do so! So, you have quite rightly highlighted some key areas: 1) [...]

Thank you for your question – there is actually quite a lot to cover off here! So, to do it properly, you should each get independent advice to protect your separate (and different) interests – odd as that sounds at a point at which you are committing to each other in a meaningful way! Yes, you would need to hold [...]

Hello and thank you for your comment. You raise a very good point, and hopefully the following will help. Firstly, I am very sorry to hear of your husbands passing. This article addresses two points – (1)’excepted’ estates, and also related but separate to that, (2) when is probate needed? The excepted estates bit simply defines how you get probate. [...]

Hi Ajay, thanks so much for reaching out to QLAW. It looks like you may be in a jurisdiction outside of England & Wales? That being so, you will need to take advice within your legal jurisdiction jurisdiction. Sorry we are unable to help. And we hope you fins the answer to your legal query that you are looking for.

Hi Andy, and thanks for reaching out to QLAW. Sorry to hear of the loss of your mother in law. In generic terms, if executors are confident that an estate falls well within the excepted estates provisions, and also feel qualified to have a ‘sensible guestimate’, that is permissible. The key is where IHT becomes payable that the need for [...]