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June 2005

 

Amazon Book - The Landlord's troubleshooterGETTING TO GRIPS WITH INHERITANCE TAX

Liz Hodgkinson shares a diary of her experiences after her partner died

At one time, it was only super-rich people like the Duke of Bedford who had to pay inheritance tax. In fact, the Woburn Abbey theme park was initially developed specifically to pay crippling ‘death duties’, as they were known in those days.


Now, however, you do not have to be a multi millionaire before inheritance tax kicks in. This tax is levied at 40 per cent on all estates valued at more than £624,000 for married couples, widows and widowers and £312,000 for single people. This is due to rise to £700,000 and £350 respectively by 2010.

must do when grief is at its most raw, is one long nightmare. Here is my own IHT diary.


March 15, 2004

I go to my evening lecturing job at 6 in the evening. When I return at around 10.30 I get a call to say that my beloved partner of the past 12 years, John Sandilands, has suddenly died while on the ‘phone to a friend. After the ‘phone went dead, the friend drove to his flat and when there was no reply, called the police, who came instantly, and broke the lock to gain entry.
Within those few hours, the police have taken the body to the mortuary and the coroner has been informed. Funeral directors have been instructed. And I knew nothing of it.

March 16- 31, 2004

I go to Kingston Coroner’s office to identify the body. The Coroner informs the Probate Office and I, as co-executor of his will, receive the Inheritance Tax forms three days after the death. My mind turns to blank horror when I flip through the 50 or so pages of the forms. It soon becomes clear that we will have to pay a lot of IHT on the estate. But how? When?


Liz Hodgkinson is a prolific author and journalist contributing to many publications. She has written over 40 books on a wide variety of topics and has a background in national newspapers. She now falls into the 'later-life' age category and in recent years has started writing for this 'older' market, and contributes to Saga magazine, among others.

Liz has two sons and four grandchildren. She is divorced and now lives in London and on the South Coast. She has written three books on property matters and her interests include snooping round other people's houses and viewing showhomes.


My co-executor Jo Sandilands, John’s former wife, and myself, decide to hand the whole thing over to a solicitor. It is just too complicated for us to handle by ourselves. Also, both of us are in too much shock by the sudden and unexpected death to think straight.
The solicitor quotes us £1500 plus VAT to handle probate. I go to the police station to retrieve the keys of John’s flat and Jo and I hunt for his will. Luckily, it is a new will, bang up to date and very clear.


All of John’s bank accounts are immediately frozen and we can pay no bills, apart from the funeral. Nor can we pay any cheques into the accounts. John rented out two properties; the tenants have their rent cheques returned to them and start to panic about being evicted. We reassure them.

 

The Probate Department of John’s bank expresses trite sympathy for our loss, but refuses to pay any outstanding bills, even though there is nearly £200,000 in the accounts, more than enough, we hope, to pay the IHT. When asked how we settle outstanding bills, we are told to ‘get a loan.’
We have to get hold of John’s original will, not a copy, and Jo and myself both have to sign for it in front of the solicitor. Probate cannot commence without the original will.


We also need the birth certificate, and at least a dozen copies of the death certificate, which is issued only after the post-mortem. Copies are demanded by every utility and official body, before they will agree to stop their particular service.

April 2004

The first job is to get John’s assets valued for Probate. This includes cash at the bank, real estate, stocks and shares, vehicles, jewellery, paintings, antiques, furniture. Even Ikea furniture; in fact, anything which may have a saleable value.


The Probate Office will only accept written valuations made by appropriate professionals, so we get estate agents to value John’s properties, six in all – three owned by him and three owned jointly by John and myself. Nowadays, estate agents charge for probate valuations, and it has become a source of revenue for them. Ours agree to waive the charges if we put the properties on the market with them.


None of these properties can be sold until we receive the Grant of Probate which in turn cannot happen until the IHT is paid. It looks as though we will have to pay around £165,000 IHT on the sum total of his assets.
Jo and myself and another beneficiary pay for the Memorial ourselves. Otherwise, caterers, photographers and other small operators could wait for up to a year to be paid.


We cancel John’s telephone, council tax, insurance, AA subscription, etc, and inform all utilities and credit card companies of his demise. This takes a surprising amount of work and effort. Every week, though, letters come to his address demanding payment. We get threatening letters from debt collectors; British Gas threatens to break into the flat and turn off the gas supply unless the account – less than £50 - is paid forthwith.

April- August 2004

Nothing whatever happens, except that the threatening letters continue to arrive. We receive an offer for John’s home and explain that we cannot sell it until we receive the Grant of Probate, which is dependent on the Inland Revenue accepting the solicitor’s estimation of the sum total of John’s assets. We donate John’s car to Jo’s teenage son and the solicitor values it at £100.
We learn slowly what we can and cannot set against IHT. Every monetary or saleable asset, however small, is liable to be included. There are certain things, however, that we can set against the final amount, such as all bills, tenants’ deposits, outstanding income tax, cost of the memorial service and estate agents’ fees. Legal fees, however, are not included and must come out of the remainder of the estate. Our solicitor is meticulous, if excruciatingly slow.


NEXT MONTH Selling the flats… and tips on dealing with Inheritance Tax
 


 

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