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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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when my husband passed away, in 2011.He left all his property

Customer Question

when my husband passed away, in 2011.He left all his property to me provided I survived him for 30 days, we had the will signed and witnessed, but I can no longer find it. I believe it will be needed when I pass away, to ensure the nil rate band for him is passed on to my estate for inheritance tax purposes. How can I find who would have had access to his will when he passed away I hope you may be able to help. thank you
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.

Clare :


Clare :

Thank you for your question

Clare :

My name is Clare and I shall do my best to help you

Clare :

but I need soem further information first

Clare :

Were there any assets held in your husbands sole name?

JACUSTOMER-651dm4qq- :

Just an Issa account and small amount in a current account, most of this was used up in funeral expences

Expert:  Clare replied 3 years ago.
So the house was in joint names and there was no need for the Will to go to Probate is that correct?
Customer: replied 3 years ago.

yes, but I cannot remember how it was I did not need probate, who would have decided this

Expert:  Clare replied 3 years ago.
It wasn't needed because anything in joint names passed to you automatically and Probate was not needed
Accordingly do not worry - there is no need to produce the Will to claim the double tax relief - all your executors will need to show is his death Certificate and to show that Probate was not obtained
I hope that this is of assistance - please ask if you need further details