Q. I am a 72 year old retired dentist, and have been widowed now for over 20 years. I was pleased to see the change in Inheritance Tax rules where I can now claim my deceased husbands nil rate band, as my estate is considerable.
But I was concerned to hear about a case where the surviving spouse had died, and the executors of her estate had problems claiming two nil rate band allowances.
What was the problem?
A. We appreciate your concern here. This problem is likely to emerge again and again.
Basically, it is all about proving to the Revenue that your estate is eligible for the double allowance, and that your husband had not used his own allowance already. Did your husband leave a Will? Was there a grant of probate? Were your assets all jointly owned?
The documents required to admit proof are:
- Copy of the Will
- Copy of Grant of Probate
- Death and Marriage Certificate
Of course, you may have misplaced any of these documents, and your solicitor may have gone out of business. If you approach a new Solicitor they may recommend that you draw up a statutory declaration that gives all the details of the deceased spouse’s estate.
Getting this right means that your executors can claim a £624,000 nil rate band instead of £312,000, resulting in a £124,800 saving in tax!
We hope this helps.
Useful information can be found on the Revenue website or call the helpline on 0845 30 20 900.
