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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My first wife with whom I had two children (one now deceased)

Resolved Question:

My first wife with whom I had two children (one now deceased) died in 1990 .She died intestate.
I was married briefly to a second wife shortly after but have now been divorced many years we had no children.
I am single and been on my own for many years.
Can my only surviving child now in his forties claim two times the £325000 inheritance allowance upon my death
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
I am afraid that the double allowance is only available to couples who are married or in a civil partnership at the date of death. As this does not apply to you, I'm afraid your Estate is taxable if it is over £325,000.
I am sorry this is not the answer you were looking for, but it sets out the legal position.
Kind Regards
AL
Customer: replied 3 years ago.

I was advised by a local Solicitor recently that since 2007 (when the law was changed in the UK) my estate will be tax free up to £650000 .I was married at the time to my wife when she died .Are you American and your speciality is in Conveyancing/Property and maybe not probate/will issues in the Uk ??.Sorry dont mean to be rude but this is important.

Thanks

Expert:  Nicola-mod replied 3 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 3 years ago.

Hi Nicola .

By cancelling the question can I have a refund ? Not only did I have to wait a significant time for the first answer well over 4 hours but the answer was not satisfactory. The professional somehow thought I was not married to my wife at the rtime of her death I made it quite clear I was. He has not responded to my followup question when he said he was on line to help.

Makes me think he is not familiar with wills and probate law in the UK. Was not worth £38 I paid .Would rather cancel.

Bad service.I have not got time to wait could go to my local solicitorin the UK.

Regards

Mr M J XXXXX

Expert:  Clare replied 3 years ago.
Hi
My name is ***** ***** I can confirm that your child will indeed be able to claim the double tax relief when the time comes - assuming that is that all her estate passed to you and therefore there was no need for any of her allowance to be used - if that is not the case then he can use the unused percentage
If Letters of Administration were taken out then your son will need a copy of that - otherwise the Death Certificate is sufficient
You can read more here
http://www.hmrc.gov.uk/inheritancetax/intro/transfer-threshold.htm#2
I hope this is of assistance
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34233
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you Clare.

Obviously I got incorrect information first time so thank you .All I wanted was confirmation of what I had been told.

I don't know what "letters of administration".are

My late wife did not leave any will so in UK law at the time the will together with the death certificate goes to Probate in the UK.

I need to know this as I am about to make a new will out

Thanks again

Mr M J Daley

Expert:  Clare replied 3 years ago.
Hi
That is fine - just to check - did all her assets simply pass to you?
Clare
Customer: replied 3 years ago.

yes ,what little she had .We had joint accounts in everything ,banks mortgage etc.Thanks