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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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My Mum died on 11 October and left her entire estate jointly to myself and my two sisters.

Resolved Question:

My Mum died on 11 October and left her entire estate jointly to myself and my two sisters. Her estate is currently in the process of being administered by her solicitors. Now this week we have found out that one my sisters is sadly suffering from lung cancer which is unlikely to be curable. I know that by a deed of arrangement my sick sister could if she wishes opt to refuse our mum's legacy, but my question is if she were to die before mum's estate was given probate would my sisters estate receive the legacy and be taxed again in quick succession under the IHT rules?
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. The tax free exemption for an estate is £325,000. So it is only if your sister's estate was worth more than this figure that there would be any charge to Inheritance TAx should she die before the estate of your Mum is administered. This figure would include any inheritance she received from her Mum's estate. If there was the prospect of her dying before her Mum's estate was administered, the Deed of Arrangement would permit the assets she might inherit being inherited by someone else she deemed more suitable. In this way her potential legacy in her Mum's estate could, for instance, go directly to her children, for example, with only one set of Inheritance TAx being payable. However, like all things, a Deed of Arrangement has the downfall that should your sister live she will have got rid of her inheritance and no longer be entitled to it. So she should also consider this issue.

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