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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12533
Experience:  30 years as a practising solicitor.
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As executor I can't decide if I can fill in C1 + C5 or need

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As executor I can't decide if I can fill in C1 + C5 or need to go down IHT400 route. Also if legitim fund is required.
Assistant: Where are you located? It matters because laws vary by location.
Customer: I am in England however father lived in Scotland and had a scots will
Assistant: Has anything been filed or reported?
Customer: Not yet
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: Don't think so

Thank you for your question. I am a solicitor in Scotland. What is the total value of the estate, what does it comprise of in terms of heritable and moveable and what does the will say as regards ***** *****? Is there a predeceing spouse who left her estate to your father? Is there likely to be a legal rights claim? That would usually be the case if a child has been excluded from the will or left a legacy less than he would be entitled to by way of legal rights? I will be back online later this evening to help you.

Customer: replied 5 months ago.
estate value circa £500k. House £325000, remainder moveable estate. Will is split evenly between Dad's 3 natural daughters. Predeceasing spouse but here's the problem - she left her estate split between Dad and her only daughter. She actually left nothing but debts (the house was solely in Dad's name as she was a discharged bankrupt) - confirmation was not applied for and her IHT NRB is untouched. Therefore with IHT NRB of £750k there should be no liability for IHT. My question is: because my step-mother didn't leave her entire estate to Dad, am I obliged to fill in all the IHT40x forms despite the fact her estate had no value?I believe there is no legal rights claim. My step-sister was never adopted and is a 60 years old grandmother living with her husband so cannot claim dependency. Dad's old will never mentioned her and he made a new one leaving everything to his 3 daughters after my step-mother died.

Thank you for your question. The step sister has no rights and under Scots law the dependency rules don’t exist. The 3 daughters are getting the whole estate so they will not be claiming their legal rights. As regards ***** ***** NRB this can be carried forward in full because none of it was used in your stepmother’s estate so your father’s estate gets the benefit of that. As there is no tax to pay you don’t need IHT400. You should fill in C1, C5 and also IHT217 which is the claim to transfer unused nil rate band for excepted estates and you can get this form online. I hope that helps. Please leave a positive rating so that I am credited for my time.

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