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Not sure that I follow, or that perhaps I haven’t explain myself properly.
I fully understand the £325K for both my mother and Father.
When my mother dies her estate will be valued at say £1.85 million, but we have to add to this the money from my brothers estate (£63K), so as I see it, the estate value would be £2.48 million (subtract £700 k off that figure). The remainder reliable for tax.
What I have suggested is that my brother’s estate is not put into my mother estate and given an example of how this might be achieved.
What have gleaned from you, is that my brother’s estate would not be viewed as income and therefore not taxable as income – is that correct?
Could please comment on my original question on Not applying for probate, hence my brothers estate Not being added to my Mother's estate and therefore not liable for Tax (40%) and whether this is possible?
Could a case be made to challenge the rules of intestate on the basis that I had been appointed POA and that we (my brother and I) had spoken about his wishes for his will before he died.
His wishes were for his estate to be divided equally between his brothers and sisters.
Medical opinion was that at he earliest he would die December 2015, once we had this time frame we arranged the POA, and were discussing his will when he died in July 2015.
I can see we’re on a sticky wicket, I’m just trying to follow through on my brother’s wishes.
I wasn’t caring for him and I don’t think that I have been treated unfairly under the rules of intestacy.
The only thing that I would have to offer the court, would be that it was my brother’s wish was to have his estate shared equally between his brothers and sisters. A conversation that was witnessed by my sister. There would be no opposition from family members.
As mentioned we’d sorted the POA, but not the will.
On the basis of the above info, would the court entertain ? And if there’s opposition, how expensive could it be ?
It Not just for me, it for his siblings. What we would be looking to do is to skip the next of kin. If we were to present this to the court and evidence that we were all in agreement (the family), and that my brother had appointed me POA, would the court accept this?