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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11155
Experience:  30 years as a practising solicitor.
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Do you know about wills and probate? My mother passed away

Resolved Question:

Do you know about wills and probate?
My mother passed away in June,my brother and a solicitor are the execturs,they have just sent me a probate statement for my approval. I am joint residual benificiery with my brother 50/50. My brother also had power of atturney.
Within the last 7 years my brother received cars and double glazing worth £50,000 -£80,000. I do not think he has declared these to the firm of solicitors with details for IHT purposes..
My mother when she passed away was 90years old with dementior and was in a home since May 2012
if he has not declared. these should I make the firm of solicitors aware.
Also would the extra IHT have to be paid if over the threshold and there for I would end up getting less inhertiance because of his benefit sole benefit.
Could I ask for any extra IHT that might have to be paid "should come of his part only as he was the sole beneficy of the goods and not me.
Submitted: 1 year ago.
Category: Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
It is your brother as executor who has a duty to make such declaration, not you. However, if you do, any additional IHT would be taken from the estate which would have the result of reducing the whole estate for the beneficiaries. It could not just be taken from your brother's share, irrespective of the fact that he was the beneficiary of the gifts.
I hope that helps.
Please leave a positive response so that I am credited for my time.
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