The more I read about excepted estates the more confused I am. My husband died in April 2023. As we had mirror wills why is a probate application needed as everything was left to me in my husband’s will so there is no IHT to pay. Why isn’t production of the will sufficient?
The only body asking for Probate is NS&I is there any way round this?
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. It is nothing to do with whether you need probate to realise assets (like NS&I). So, an excepted estate has a simpler procedure, which does not require the executors to submit a full ‘return’ of assets to HMRC (because no IHT is payable). Being excepted does NOT mean that probate is not needed. It simply defines how you apply for it.
Separately is the question of whether probate is needed or not. If an asset holder is insisting on seeing probate then you have little choice but to obtain probate and submit it to them. The fact it is and excepted estate does not change whether they can insist on seeing probate – it simply means that the process for obtaining probate will be easier.
Take a look at this article which may be a help: https://qlaw.co.uk/probate/do-i-need-to-apply-for-probate/
We offer a fixed fee service for obtaining probate if you would rather not do so personally. Do get in touch if that is of interest.
For now – thank you again for reaching out to QLAW.
This question came from our article on Excepted Estates which you can read HERE