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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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If a will avoids Inheritance Tax , is it still liable for

Customer Question

If a will avoids Inheritance Tax , is it still liable for Income Tax.?
Submitted: 8 months ago.
Category: Law
Expert:  Clare replied 8 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.When did they die - and have you been sent a set of Estate Accounts?
Customer: replied 8 months ago.
Best friend Graeme died Oct 2012. Left everything to wife Geraldine . Geraldine died Jan 2015 . I was sent copy of will . Geraldine dying of cancer, dosed with morphine dictated most of will. Gave £80,000 to her best friend from one of her several savings accounts (containing £84,000 ), stated residue to go to 6 people ,including me . Solicitor took this to be residue of that acccount Next day Geraldine asked to confirm and sign typed up copy of will . She said " NO" she meant residue of her estate, approx £300,000 . This was inked in next to typed entry, but not signed or witnessed . Geraldine died a few days later . The hand written change has no legal status Residue was given to executor of estate pending further consideration . Seven months later I queried Solicitor as to what happened to residue .If not binding was there partial intestacy ? She replied there was no was residue after payment of income tax . I have not seen a copy of final dispositions
Expert:  Clare replied 8 months ago.
Have you got a copy of the Will?
Customer: replied 8 months ago.
I have copy of first draft , including inked in correction of " residue of my estate " plus copy of "interim " distribution of assets which places "residue " with executor (he was awarded £100,000 initially ,) taking his allocation to just under £400,000 . Nothing else until 7 months later (mar 2016 ) I asked solicitor to confirm final allocation . She said residue used to pay income tax .
Expert:  Clare replied 8 months ago.
You can use the service herehttps://www.gov.uk/search-will-probateTo obtain a copy of the Will that was sent to Probate

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