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DM died before probate granted on DF's will - question regarding assets from DF's estate

5 replies

LosingTheWill2022 · 27/01/2022 11:17

As the title says, Dad died in 2019 and Mum died in 2020 before probate had been granted. Dad had assets invested and these were valued on the date of his death.

After Mum's death, IHT forms etc. were completed using estimates as Dad's invested assets remained in his (deceased) name and probate was granted on Mum's will. But there still needs to be a final submission to HMRC.

My question is whether the final figure on the IHT forms should be the value of the invested assets on the date of Mum's death or should the assets now be sold and the figures at date of sale be used?

Just to clarify, we are fully aware of the need to complete a tax return for the period of administration so know that the gains will be taxed in some form, but the rate of taxation might be quite different depending on how they are reported.

TIA

OP posts:
StCharlotte · 03/02/2022 19:16

I would say the value as at your mum's death but don't take my word for it - I would definitely be asking a solicitor (or some accountants specialise in probate).

LosingTheWill2022 · 03/02/2022 21:18

Thanks StCharlotte - we have solicitors involved but finding communication incredibly frustrating and slow. We were told one thing by one solicitor , and a different thing by the second solicitor who I'm waiting to reply to me when I queried it.

OP posts:
Collaborate · 04/02/2022 05:53

This might be a silly question, but if you have a solicitor why aren’t you instructing them to complete the IHT forms for you?

LosingTheWill2022 · 04/02/2022 08:02

Not a silly question at all.
They are completing the forms but the process is still going on 18 months after Mum's death!

I trusted the first solicitor but spotted a glaring error and went back over the forms trying to understand each box and spotted more errors. This solicitor then left the firm. Second solicitor apologised profusely for the errors and mess and promised to sort it all. But I found errors in what he's done so I've lost faith in professionals. I mean Mum's date of birth was wrong 3 times with 3 different dates!
I'm now questioning everything

OP posts:
wigwaminamustardmill · 04/02/2022 09:36

There’s a helpline phone number on the probate forms, when I used it they were really helpful.
I’m pretty sure the figure you need would be the value on date of death.

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