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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11677
Experience:  30 years as a practising solicitor. Partner in own firm.
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Further to my previous question, with the prospect of

Customer Question

Further to my previous question, with the prospect of selling the property on August 4 my wife had arranged for removers to move our belongings on the 7th and 8th, paying 3200 pds in advance as required by the firm. Notified of my wife's death the company's executive offered compassionate sympathy but refusesd to refund the advanced payment, claiming the company was ready to carryout the move as contracted, and thus had earned the money. Any comment on the equity of the situation, and any recourse re obtaining a refund?
Submitted: 3 months ago.
Category: Family Law
Expert:  JGM replied 3 months ago.

I think you can argue that the contract can no longer be performed as one of the parties to the contract has died. The has to be two parties to perform the contract and there isn't any more.

Customer: replied 3 months ago.
Be more helpful if legal references and citations were offered
Expert:  JGM replied 3 months ago.

Basic law of contract.

JGM and other Family Law Specialists are ready to help you
Customer: replied 3 months ago.
Thank you. ***** ask a further question? My wife' only asset was house and large garden which we shared, with me paying all expenses relating to the property, as well as all other family expenses. She died three days before a land developer would have paid her for the residence, leaving me, her spouse, and two adult sons. I understand spousal inheritance is tax free, with the two sons subject to 40 percent tax. How do I separate the two situations when completely IHT400, page 7, number 51 which requires value of deceased"s residence. To list the gross value would presumably subject the total estate to the forty percent tax. Catch 22, or am I missing something?
Customer: replied 3 months ago.
Thank you. May I ask a further question? My wife' only asset was house and large garden which we shared, with me paying all expenses relating to the property, as well as all other family expenses. She died three days before a land developer would have paid her for the residence, leaving me, her spouse, and two adult sons. I understand spousal inheritance is tax free, with the two sons subject to 40 percent tax. How do I separate the two situations when completing IHT400, page 7, number 51 which requires value of deceased"s residence. To list the gross value would presumably subject the total estate to the forty percent tax. Catch 22, or am I missing something?
Expert:  JGM replied 3 months ago.

You have to fill in the whole form and the inheritance tax payable is self assessed. If there is no will you will inherit the first £250000 along with half of the remainder and there will be no tax. The children will share the remaining half and inheritance tax will be due on that element less the nil rate band and additional threshold. Where it asks for the value of the residence you put that in. The calculation will allow for taxation on the intestate estate later on in the form. As earlier advised the solicitor handling the sale should be able to assist you with this.