Which IHT form?

Trusts Discussion
1

I am dealing with an application for a grant of probate of the will of a non-domiciled person whose only asset in the UK was a freehold property valued at £80,000.

A paper application is necessary, but what IHT form should I use? IHT 207 is only for cash assets and quoted stocks and shares and IHT 205 is only for persons domiciled in the UK. The only form remaining would be the 400 with the appropriate supplementary account. I suppose I will have to use that?

2

The estate is not an excepted estate as it consists of a freehold property owned by a non-UK domiciled/long term non-UK resident individual. Therefore, the IHT400 is the required form. (The non-UK dom exception is for estates valued at less than £150,000 but only consist of cash or shares.)

Ihsan Ali
I Will Solicitors

3

Thank you, Ihsan, I thought so after I posted and have prepared the 400, 401 and 405, all to get the code. There really should be a short form 400 for this type of case as well as cases where RNRB is being claimed.

Patrick

4

Agreed, I have had a couple and it is a pain for straight forward estates.

5

In reply to Patrick Moroney’s query yesterday, I confirm that when the estate of a non-UK domiciled individual consists of anything other than cash and/or quoted securities, the estate cannot an excepted estate, in consequence of which form IHT207 is not appropriate and form IHT400 must be submitted.

Cliona O’Tuama

Solicitor

6

It is indeed a pain having to prepare form IHT400 and schedules in straightforward estates. I had one estate where the deceased non-domiciled lady had a sole UK asset which was a grave in a London cemetery that she had inherited from a relative. It was valued at only £3,000. The cemetery insisted on an English Grant before they would transfer the grave into the Executor’s name. I rang HMRC to ask about this - it was in the days when it was relatively quick to get through to HMRC. The officer to whom I spoke told me that, despite the low value of the grave, it would be regarded as real property and so form IHT400 had to be submitted.

Cliona O’Tuama