Hi This is a really helpful article indeed (ARTICLE)! One thing that is still confusing – My case is my Father recently died, and my mother passed away three years ago, and no gifts from her estate etc so everything passed to my father. So all of her RNRB and NRB is transferred to my father… His estate there is his property (approx £400K) and his savings (approx £380K) so a total of £780K and the Will leaves everything to me and my two brothers. I assume that no IHT is due as two NRB is £325K X 2 and RNRB is £175K X 2 totals £1million. So his estate is below the IHT threshold? Question is if his estate is classed as “Expected”, and therefore I do not require to submit a IHT205 and IHT217 form? If this is the case then what HMRC information is actually required to be passed to HMRC in order to inform them of the estates value? And therefor what estate information is then required to apply for probate – I assume I can submit these estate numbers etc? Also his money is in two banks that I have access to via LPOA. So also do I actually need to apply for probate?
Hi and thank you for your question! This is an ongoing problem for many – with conflicting advice being given by HMRC and the Probate Registry. On the facts that you have provided, yes, it seems to be excepted. We suggest you call HMRC IHT Helpline to get a view from them, and then if the Probate Registry rejects your application, you can at least point to that. There is real inconsistency on how this is being dealt with at the moment, and we are trying our best to lobby to get it cleared up! Thank you again for visiting QLAW, and we hope you get your issue resolved.
PS no! You can not use a LPOA after death!
