Need for probate or not ?

[Remittub]

Apologies if this is the wrong sub-forum to use for this - do move it if necessary !

I am the sole executor to my deceased wife's estate and the sole beneficiary under her will. The only assets in her sole name are with NS&I and they appear to be willing to release funds with provision of the death certificate and a certified copy of the will (no mention of probate). I believe the spouse exemption will apply regarding our house (jointly owned) and no IHT should therefore be due in that regard. However, my wife's estate will shortly be receiving about £270,000 from my deceased brother's estate. We divested the majority of our assets to our daughters over the past 7 years, but some, unfortunately, may well attract a degree of IHT. My question is, under these circumstances, will there be a need to apply for probate, or should I be able to proceed without it ? Thank you for your assistance !

[pawncob]

Did your brother die before your wife or after?

[Remittub]

Hi pawncob,
My brother died in March 2020 whereas my wife died in February 2022

[AGoodman]

There is never an obligation to take out probate, it is just a tool to establish title to assets of the estate. If the executors of your brother's estate (which may of course be you) are willing to hand over the funds without a grant then it may not be necessary.

The only question will be whether there is an obligation to file an IHT400 inheritance tax account. If there is any inheritance tax to pay on the gifts then I fear you will have to file an account.

[Remittub]

Aplolgies - I may not have been clear enough. My question was relating to my wife's estate, not my brother's (which DOES have an Irish Grant of Probate)

[AGoodman]

Yes, I was also referring to your wife's estate. The administrators of your late wife's estate would usually have to take out a grant in order to prove title to the £270k from your late brother's estate. However, if your late brother's executors are comfortable handing over the cash without a grant in your wife's estate, they can.

[Remittub]

Yes, I am one of the executors of my brother's estate, and the co-executor has raised no objection to the transfer. I was more concerned that the UK "system" might require me to apply for probate, but I can't see the need (The NS&I money came into account today, and that was the only asset solely in my wife's name)