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Summary Wills and Administration of Estates overview
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A document setting out everything you need to know for Wills and Administration of Estates on the LPC. This helped me get 90% on the exam.
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Cai Cherry © 2021Outcome #
Checklist for administration of estates 2
Validity of wills 3
Who can inherit? 5
Who can act in the administration? 7
Inheritance tax 9
Key steps in administration 12
1
, Cai Cherry © 2021
Checklist for administration of estates
Is there a will?
Is it valid?
Taking instructions
What property did the deceased own?
What was it worth?
How was it held?
Amount of debts owed by the deceased
Funeral costs
Substantial lifetime gifts
Unused nil rate band from deceased spouse?
Who is your client? Executor or administrator?
Do you need a grant to make title to assets passing by
will/intestacy?
Preliminary assessment
Who is entitled to the estate? Property passing outside/under
will/intestacy rules?
IHT position:
- Identify assets
- Value
- Apply exemptions and reliefs
- Cumulative total of lifetime gifts
- Calculate IHT
Protect PRs by advertising for unknown claimants?
Ensure you have instructions to act for the PRs
Value assets
Preparing to apply for a
- Write to account holders for values at date of death
- Arrange valuations of house/chattels/shares etc
grant
Complete IHT 400 or 205 for PRs to sign
Complete appropriate application form
PRs sign appropriate IHT and application forms
Apply for reference number from HMRC if there is IHT to pay
If estate is excepted, Application form
send to District or Will (if any, and 2 copies of the sworn
Principal Probate will)
Registry (or online): Probate court fee
IHT 205
Applying for the grant
If the estate is not IHT 400 (and 402/430 if relevant)
excepted, send to Any IHT due on delivery of IHT 400
HMRC: IHT 421 probate summary
If the estate is not Will (if any, and 2 copies of the sworn
excepted, send to will)
District or Principal Application form
Probate Registry (or Probate Court fee
online): Receipted IHT 421 Probate Summary
It is obligatory for professionals to apply online, unless the
application is excepted1
If there is a will, send PA1P. if there isn’t a will, send PA1A
2
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