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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10653
Experience:  30 years as a practising solicitor.
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My husband has died intestate and I want to understand the

Customer Question

My husband has died intestate and I want to understand the situation in regard to the inheritance act, once all secured debts and HMRC liabilities along with funeral expenses are paid then there is only £7000 in the estate which will then look repay in part £17000 unsecured debts. i assume noone can successfully make any claim given there is no value in the estate after debts are repaid.
Also is the death lump sum payable to the surviving spouse subject to inheritance tax and also is the joint life insurance policy subject to inheritance tax if paid to the surviving life insured/
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Inheritance tax doesn't apply to the sums paid directly to the widow such as death in service or life insurance paid to the survivor. If these have been set up appropriately they won't go through the estate.
As regards ***** ***** it appears that the estate is insolvent. That being the case the ordinary creditors will require to accept a dividend based on the remainder of the estate divided in accordance with the ordinary creditors.
I hope that helps.
Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

In terms of any other claim being put forward under the inheritance act then I assume this can only be done if there is a balance after all secured debts, hmrc and funeral expenses have been paid. In essence close relatives can't make a claim unless there is residue left in the estate that would be shared, in this case there isn't. I am concerned about a claim being put forward and being left with debts to pay.

Expert:  JGM replied 1 year ago.
No, debts take property. There can be no claim by relatives until debts are paid in full.
JGM, Solicitor
Category: Law
Satisfied Customers: 10653
Experience: 30 years as a practising solicitor.
JGM and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Could I ask about the probate? I am waiting to get everything together in order to apply for probate. the mortgage interest is at £30 per day at the moment but I have some savings which I would like to use to reduce the liability as I understand I am now liable for the interest. The mortgage was joint and several but I am worried if I pay some of it off then this will not look to be recivered from the estate. What shall i do. I need to reduce the interest being charged as soon as possible?

Expert:  JGM replied 1 year ago.
The mortgage is joint and several. You are also entitled to all of the estate if there is anything left after debts have been paid. For that reason there is no reason not to reduce the mortgage if you can.
Customer: replied 1 year ago.

So can I begin to reduce the mortgage liability now without probate but his half of the mortgage will remain with him? We were tenants in common with myself having a prior share as the deposit that was put down. I just need to reduce the mortgage but am concious the title deeds are in share proportions.

Expert:  JGM replied 1 year ago.
Yes you can.
Customer: replied 1 year ago.

Ok but if I REDuce the mortgage liability will his share of the liability remain with him ? The amount of the asset is terms of the house is approx the same as his share of the liability which will pass to me under intestate law but what I am worried about is a claim under the IH act and the asset being taken into account without the liability as I have paid it off. If that makes sense

Expert:  JGM replied 1 year ago.
Yes it does make sense and thank you for clarifying that. As the mortgage account is joint and several, the joint liability would be reduced if you pay towards the mortgage. That means that you would essentially be contributing towards his debt. You may want to consider your position before doing so.

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