Legal News | 25.01.24
Changes with the Probate Application Procedure
Obtaining a Grant of Representation can be a complex and time-consuming matter. In certain circumstances, particularly if an estate is liable for inheritance tax, the personal representatives must first submit an Inheritance Tax account IHT400 to HMRC. The IHT400 account details the extent of the deceased’s estate i.e. assets and liabilities along with any exemptions and reliefs as may be claimed.
Until 17 January 2024, at the same time as submitting the IHT400 to the Revenue and paying the inheritance tax due on submission, you would complete and submit a probate summary (IHT421). The Revenue, having received your full account, would stamp the Probate Summary IHT421 and send this on to the Probate Registry. This was a necessary step in obtaining a Grant of Probate.
However, the process has now changed and the Probate Summary IHT421 is no longer submitted to HMRC with the account.
Instead, the personal representatives must submit the IHT400 account and pay any inheritance tax due on submission but then wait to receive a unique code from the Revenue. Once they have this unique code, they can then make the submission for the Grant to the Probate Registry.
The aim behind this change is to simplify the process. Whether this indeed will be the outcome remains to be seen.
Dealing with an estate administration can be a complex task. If you would like to discuss this with a member of the Private Client team at Wansbroughs, we would be delighted to help.