This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our Cookie Policy.
Analytics

Tools which collect anonymous data to enable us to see how visitors use our site and how it performs. We use this to improve our products, services and user experience.

Essential

Tools that enable essential services and functionality, including identity verification, service continuity and site security.

Where Taxpayers and Advisers Meet

Need for Probate?

field
Posts:6
Joined:Wed Aug 06, 2008 3:17 pm
Need for Probate?

Postby field » Wed Feb 13, 2019 5:12 pm

Where husband wife make wills leaving everything to the survivor on first death and all assets including the house are are in joint ownership other than substantial ISAs owned by both would it
be necessary to obtain probate in order to execute the will following first death? Advice commonly given is is that probate is not required but ISAs are inherently individual rather than jointly owned and it seems unclear- to me at least- whether or not this alters the situation.
Any help would be much appreciated.

AGoodman
Posts:1745
Joined:Fri May 16, 2014 3:47 pm

Re: Need for Probate?

Postby AGoodman » Wed Feb 13, 2019 5:53 pm

There is no obligation to obtain probate but you would need it to transfer an ISA unless the provider agreed to transfer without. That is entirely at their discretion.

Some banks will allow access to accounts up to about £25k but this varies from 0 to £50k. The only way to know the particular institution's policy is to ask them.

pawncob
Posts:5099
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: Need for Probate?

Postby pawncob » Thu Feb 14, 2019 5:51 pm

A transfer of investments is only possible where you both have the same ISA provider, so it's likely that they will transfer without probate, but as AGoodman says, it's at their discretion.
https://www.gov.uk/individual-savings-accounts/if-you-die
With a pinch of salt take what I say, but don't exceed your RDA

AGoodman
Posts:1745
Joined:Fri May 16, 2014 3:47 pm

Re: Need for Probate?

Postby AGoodman » Thu Feb 14, 2019 6:16 pm

Good point.

In any case, if the proceeds are over £50,000 I would be extremely surprised at them actioning anything without probate (and raised eyebrows for over £20k)

field
Posts:6
Joined:Wed Aug 06, 2008 3:17 pm

Re: Need for Probate?

Postby field » Sun Feb 17, 2019 10:50 am

Many thanks for the various comments.In the light of these it does seem to me that the most straightforward way would be to accept the need to apply for probate and also the IHT 205 form. If anyone has any further views they would be much appreciated.


Return to “Inheritance Tax, IHT, Trusts & Estates, Capital Taxes”