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Retaining Probate Papers

Posted on Wednesday, 12th March 2014 by

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In the case of married couples or civil partners the executors of the second death can be subject to meeting certain criteria applying to HMRC, to utilise any unused nil rate band of the first to die in order to reduce any tax liability. In many cases the first to die may have left their entire estate to the surviving spouse in which case it is possible the whole of the nil rate band may be transferred.

It is important to remember a significant period of time may elapse between the two deaths and it is critical therefore to retain copies of papers relating to the probate of the first to die. HMRC will require details of the first to die in order to ensure a legitimate claim is being made. It is sensible to retain a copy of the grant of probate, tax return and any other papers submitted on the first death and these to be kept with your Will or other personal papers so they are available to the executors on the second death.

At Edward Hands & Lewis we have qualified and experienced solicitors on hand to provide impartial advice on probate and the administration of estates.

Our Solicitors in Stoney Stanton are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Stoney Stanton please contact us.

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The information provided in all of our blogs reflects only a narrative of some elements to consider on the topic. The blogs do not contain considered legal advice and should not be relied upon as advice. Please see our website terms and conditions for full details of our disclaimer. If you are interested in obtaining advice, please contact one of our lawyers who will be happy and able to advise you on your own particular circumstances.

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