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If there is tax to pay, or if the affairs of the deceased do not meet certain conditions, you will have to provide a formal account of the estate by filling in form IHT400 and sending it to us. Where the deceased died abroad and you do not think there will be any tax to pay you should start with form IHT207.
You can claim residence nil rate band (RNRB) against the estate of someone who has died providing you meet the following conditions: the deceased died on or after 6 April 2017 the estate includes a residence owned by the deceased (see note 2 on page 5) the residence in the estate is inherited by the direct
Winding up a nil rate band trust The easiest way to do this and unwind the trust is for the trustees to absolutely appoint the trust assets in favour of the surviving spouse. This must be done within two years of death but not within the first three months following the death of the first spouse.
Form IHT217 above can only be used where 100% of the estate on the first death passed to the surviving spouse/civil partner. Form IHT402 is used when some of the allowance has been used on the first death (e.g. some funds passed to children or other beneficiaries).
The nil rate band available to a person may be increased by the percentage of the nil rate band that was unused when their spouse or civil partner died. This does not happen automatically, you must fill in a form and make a claim to transfer it. The claim must be made when the second spouse or civil partner dies.
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If you want to claim a transfer of unused nil rate band you should fill in forms IHT400 and IHT402. All those who are applying for a grant of representation/confirmation to the deceaseds estate must sign and date this form. If you give false information you may have to pay financial penalties and face prosecution.
If you die within 7 years of gifting the asset, then the gift will count towards your nil-rate band, as we mentioned above, meaning that it may still be subject to IHT. After 7 years, the gift doesnt count towards the overall value of your estate.
The HMRC IHT217 and IHT402 forms are integral to the UKs Inheritance Tax system, each serving distinct purposes. IHT217 Form primarily focused on transferring the unused nil rate band from the estate of a deceased spouse or civil partner to the surviving partner.

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