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Dealing With Inheritance Tax

By: Beth Morrisey MLIS - Updated: 17 Jul 2017 | comments*Discuss
 
Inheritance inheritance Tax estate

When someone dies any private property and possessions owned by that person becomes known as his or her estate. It becomes the duty of a chosen executor (as stipulated in the deceased’s will) or administrator (appointed by law if no will exists) to, among other things, have this estate assembled and documented, valued, taxed correctly and finally distributed it to those who stand to inherit either by the terms of the deceased’s will or by the laws of intestacy/succession (if no will exists). Dealing with Inheritance Tax can be a headache, but it must be done before the estate can lawfully pass hands to those who stand to inherit.

Assembling and Documenting the Estate

Whoever is appointed to act for the deceased’s estate will need to assemble and document (as much as possible) the deceased’s possessions. Very often details of the estate – both debts and assets – will be found in the deceased’s personal documents or held with his or her solicitor. Common items in many estates include:

  • Current, savings or building society accounts.
  • Private property, or shares in private property.
  • Jewellery.
  • Family heirlooms.
  • Art.
  • Vehicles.
  • Stocks, bonds and/or other financial instruments.
  • Private pensions.
  • Items of historical value.
  • Trusts.

Valuing the Estate

While it is possible for the executor or administrator of an estate to value it by him or herself, it is best to use a professional valuer who understands the delicate details of this process. For example, there may be situations in which there are items that the deceased gave away but in which (s)he still kept an interest and/or items that were given away within the last seven years that will need to be included in the valuation. Debts too will need to be factored, including outstanding mortgages, unpaid bills and funeral expenses, among other things, as well the value of any trusts. Professional valuers or chartered surveyors (in the case of property) will be able to determine the open market value of the estate which is needed for tax calculation purposes.

Paying Inheritance Tax

If the estate is valued at higher than £300,000 (for the tax year 2007 - 2008), £312,000 (2008 – 2009), £325,000 (2009 – 2010) and £350,000 (2010 – 2011), then the value of the estate above this figure will be taxed at 40%. If it is likely that some Inheritance Tax will be due, then Inheritance Tax form IHT200 should be filed. Generally the Inheritance Tax due will need to be paid within six months from the end of the month in which the death occurred or interest will begin to accrue. There are many methods by which Inheritance Tax may be paid, including by cheque, transfer or giro from a personal account (including one held or jointly held by the deceased), with British Government Stock that was held in the deceased’s name or with National Savings investments that were held in the deceased’s name. Once this tax has been paid, a “clearance certificate” can be issued upon the filing of form IHT30.

Dealing with Inheritance Tax is usually a complicated matter, one that is best sorted with the help of professional valuers and experienced solicitors. The Probate and Inheritance Tax helpline (0845 3020 900) is also available to answer questions during working hours on Mondays through Fridays.

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After finding no will when our father died she just wtook over with everything I had no say in anything she got probate and as she was going to inherit from our fathers estate she couldn't be an executor she said something about she was going to a meeting with the bank then she put his house up for sale then I received a text saying she's sold it I haven't signed anything to agree to this even though half the property is mine she got the deeds to the house dad had life insurance and a pension even his bank account is he won't show me a thing recently she s said our fathers property is unregiste Hred with land registery what happens now would my name be on the deeds to his house and be put on land regestry also can I see his bank statements and what other assets he owned and can I get a copy of his death certificate she's being so secretife about this a I just want to know legally where I stand
Donna - 17-Jul-17 @ 9:45 PM
My nephew has just died.He was on social security and lived in a council provided property which he shared with his brother ( both were on social security) He has no assets or savings.Would his brother be entitled to receive a monies to pay for his funeral. Also he ha unpaid taxes does this die with him if he had no assets. They lived in Northern Ireland I hope you can help me with the above information. Kind regards June Lalani
Inaara - 10-Jul-17 @ 8:27 PM
dw - Your Question:
I am 1 of four children our mother died in northern ireland on 5 nov 2015, the house and a small sum of money was left all bill have been paid, three children want to rent the house out but I do not, were do I stand.

Our Response:
Who are the executors of the Will? They can overrule and decide to sell if the beneficiaries cannot agree.
FacingBereavement - 20-Jun-16 @ 11:04 AM
i am 1 of four children our mother died in northern ireland on 5 nov 2015, the house and a small sum of money was left all bill have been paid, three children want to rent the house out but I do not, were do i stand.
dw - 18-Jun-16 @ 11:40 AM
@ber. If you were entitled to half the estate you should have received some of the value of the house - the fact that your sister took out a mortgage suggested she bought your part of the estate? You need to follow this up via a solicitor. The Will should be available to view on the Probate Register.
FacingBereavement - 16-Jun-15 @ 12:33 PM
I only found out last year that when my grandmother died 15 years ago that she left her estate to myself and my sister.My sister was the Executor but never informed me that I was left anything in the Will.I have checked with the Land Registry office and my sister took a mortgage out on the house and then proceeded to sell it six months later for a substantial sum.I have contacted a solicitor who has informed me that she was entitled as the Executor to take out a mortgage and also to sell the house - is this information correct?
ber - 11-Jun-15 @ 3:21 PM
@Brio. Check on the Turn 2 us website we cannot really say without having all your details.
FacingBereavement - 16-Feb-15 @ 2:11 PM
My mother who is 93 years of age has just suffered a very serious stroke and the outlook is not good to say the least. I am her son also 69 years old and her only family as she has been widowed for a long time she has no more children she has never worked.i am disabled for which I receive the top grade allowance I have a small amount of savings and obviously not working so my request is can I get help with funeral costs when my mum is no longer with me and if so who do I contact ..regards Brian Horsley thank you
Brio - 14-Feb-15 @ 10:27 AM
Sorry @Susan Treen. We are not sure what you are asking. Have you inherited a property?
FacingBereavement - 10-Feb-15 @ 12:22 PM
do i need to change the name on the deeds and can i do this or does the solicitor? as the are chasing me for accent. i don't evan know what that means. thank you
susan treen - 6-Feb-15 @ 9:45 AM
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