By her will W left her share (half) of the matrimonial property to H on IPDI. W died in 2012, probate was never obtained and her Executors had no clue about the IPDI. H continued to live in the property and has now died. As the trust property aggregates with his estate and on the basis that no IHT is payable and no income was ever earned by the trust, do HMRC need to see IHT100 or can H’s estate just be accounted to them simply on form IHT205 (as the estate is not large) and the argument is that the trust was never constituted.
Rexton Law LLP