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Requests for IHT information?

Requests for IHT information?

Postby Owen » Tue Aug 25, 2015 4:52 pm

Hello,

Recently, I was the sole executor for a close family relative. Probate was granted and the will administered. Today I received a request from an in-law requesting details of payments - or sums yet to be paid - to HMRC, all payments due for Inheritance Tax it seems.

In law, should I as executor be providing such details to interested parties, or is it the business of the interested party to contact HMRC themselves please?

Many thanks.
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Re: Requests for IHT information?

Postby theycantdothat » Tue Aug 25, 2015 5:49 pm

If the in-law is a residuary beneficiary he should be supplied with an estate account showing how the estate was administered. If he is not, he is not entitled to anything.
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Re: Requests for IHT information?

Postby atticus » Tue Aug 25, 2015 5:53 pm

That said, is there any harm in providing this information, in openness?
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Re: Requests for IHT information?

Postby Owen » Tue Aug 25, 2015 7:25 pm

Thanks,

If a person who receives any property by a will or trust that is not specifically left to another is designated as a beneficiary, then the in-law is not a beneficiary; she is not mentioned in the will. Her spouse was mentioned in the will & received a cash legacy, but the request has not come through him. Several days ago they accessed the will and wrote to me asking what had become of the estate? The will quite clearly identifies me as receiving the balance of the estate, after all due expenses have been met, which is now the case. The couple then claimed that there had been certain verbal 'agreements' over the distribution of the estate, going back several years to when my father was alive. I had never heard of any such family discussions or at least, I was not party to them. When my father passed away he had left a clear list for my mother of things to do, forms to fill in, and letters to write. We together followed this list to the last full stop, and it helped us a great deal. But there were no references to any 'agreements', only my father's will, which was fairly straightforward. My mother's will was also uncomplicated, clear, and had been drawn up by a local solicitor. My mother passed away suddenly and unexpectedly, otherwise I am sure she would have posted a copy of her will to the relatives, but there was just not the time, we were so busy after my father passed away, there was so much to do around the property.

So I'm wondering how to proceed. Surely these 'agreements' should have been addressed on the sad occasion of my father's passing several years ago? It's only now since my mother died that these mysterious family discussions - of which I have been unaware till now - have surfaced, and together with them requests for figure work. Of course all the IHT figures are with HMRC, presumably they are publicly accessible? There was no request for figures from my late mother who was my father's executor, so there is no family precedent for such requests. But if the IHT details are publicly available I would much rather my relatives received copies from original documents if at all possible. The administration of the will has been long and arduous, I'd rather draw a line under it now, and get on with my life coming to terms with my sad loss.
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Re: Requests for IHT information?

Postby atticus » Tue Aug 25, 2015 8:13 pm

"Verbal discussions" are not a Will.

What do they say was agreed?
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Re: Requests for IHT information?

Postby Owen » Tue Aug 25, 2015 8:23 pm

atticus wrote:"Verbal discussions" are not a Will.


You are so right - do not want to precipitate a family row over this, but of course - mum's will was between mum and her solicitor, ad finem.
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Re: Requests for IHT information?

Postby Owen » Tue Aug 25, 2015 8:27 pm

atticus wrote:What do they say was agreed?


That they would receive more in the way of legacy. In fact, the legacies in mum's will mirror those in dad's, so the legacy pay-out has not been inconsiderable by any means. But they appear to want more. Hence the request for figures it seems. Not that IHT figure work is going to alter the content of the will.
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Re: Requests for IHT information?

Postby atticus » Tue Aug 25, 2015 8:30 pm

Do they claim to have given any consideration? Or to have done anything in reliance on purprted agreement?
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Re: Requests for IHT information?

Postby Owen » Tue Aug 25, 2015 8:56 pm

theycantdothat wrote:If the in-law is a residuary beneficiary he should be supplied with an estate account showing how the estate was administered. If he is not, he is not entitled to anything.


The in-law is not a residuary beneficiary but her spouse is mentioned in the will and was in receipt of a legacy payment. He is also named as receiving a share in an aspect of the estate - a share which is here property - at some future point in time. Should I then forward an estate account to him and what form would this take - are there estate account template sheets I could download and fill in for this purpose please?

The IHT forms ran into many schedules, scores of forms. Hopefully, if required, I can supply a précis of the estate administration?

Thank you.
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Re: Requests for IHT information?

Postby Owen » Tue Aug 25, 2015 8:59 pm

atticus wrote:Do they claim to have given any consideration? Or to have done anything in reliance on purprted agreement?


None of those terms have been used by them.

I am fully willing to supply an estate account if that is the done thing.
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