Not quite a Tax Question

Postby Peter D on Mon Nov 27, 2006 7:42 am

A collegue lost his wife 10 years ago and probate was granted as her estate transfered to him. He re-married 5 yeras ago. Out of the blue one of his daughters by his first marriage has made a claim via a solicitor for half of 1/3rd of the declared value estate at probate. I am aware of this Law but 10 years have passed if there not a cut off of 6 years by statute-barred. Thanks for any guidance on this. Regards Peter
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Postby Lee Young on Tue Nov 28, 2006 9:15 am

Claims under the 1975 Inheritance Tax Act have tobe amde within 6 months of the grant of probate being issued.

If the daughter was under 18 she would have 6 years from reaching 18 to bring a claim under the general law.

The limitation period is technically 6 years from the knowledge of the breach, which may obviously be longer that a fixed 6 years period from the breach.
Lee Young
Solicitor, Chartered Tax Adviser and Trust and Estate Practitioner


Partner, Frettens LLP
leeyoung@frettens.co.uk
01202 491701
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