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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10734
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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my father died in 1991, and all his estate passed to my mother.

Customer Question

my father died in 1991, and all his estate passed to my mother. When she died in 2005 the estate ended up paying £55K in IHT. I have now found out that any unused allowance at the time of dads death could have been added to Mums £325K threshold allowance. Is it too late to back track and claim any tax back ???
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I'm afraid that it was only inn July 2008, when the Transferable allowance was introduced whereby any unused part of the nil rate band on the first death could be transferred and added to the nil rate band of the second to die.

As your Father died in 1991, no unused allowance could have been transferred to your Mother's Estate.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards


Customer: replied 3 years ago.

Many thanks Aston for your help, if it had been different then the Probate office may have had some explaining to do !!

Jeff Gardner

Expert:  Aston Lawyer replied 3 years ago.

Thanks Jeff.

If I have assisted I would be grateful if you could leave positive feedback.

Kind Regards