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IHT400 Notes : Guide to completing your Inheritance Tax account

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4<br />

<strong>IHT400</strong> <strong>Notes</strong><br />

Grants of representation<br />

When form <strong>IHT400</strong><br />

need not be filled<br />

in completely<br />

<strong>Guide</strong> <strong>to</strong> <strong>completing</strong> <strong>your</strong> <strong>Inheritance</strong> <strong>Tax</strong> <strong>account</strong><br />

You need a grant of representation <strong>to</strong> get access <strong>to</strong> most assets in the<br />

deceased's estate. There are a number of different types of grant. In<br />

England, Wales and Northern Ireland, the two most common types are:<br />

• a grant of probate, where the deceased has left a Will, and<br />

• a grant of letters of administration, where the deceased has not<br />

left a Will.<br />

In Scotland, the grant is a grant of confirmation. Throughout this guide,<br />

we refer <strong>to</strong> all types of grant of representation as the 'grant’.<br />

Special types of grant<br />

There are a number of special types of grant that may apply in certain<br />

circumstances. For example:<br />

• a grant for a limited period of time, perhaps while there is a legal<br />

dispute about the validity of a Will<br />

• a grant that is limited <strong>to</strong> certain assets, perhaps where the estate<br />

consists of perishable goods that need <strong>to</strong> be preserved, or where the<br />

deceased has appointed an execu<strong>to</strong>r for certain assets. For example,<br />

an author might appoint a literary execu<strong>to</strong>r.<br />

Your local Probate Registry can tell you more about these special types of<br />

grant and whether they might be of use in dealing with the deceased's<br />

estate. They will also tell you the type of grant concerned. Make sure you<br />

tick the correct box or enter this in box 119 on page 12 of form <strong>IHT400</strong>.<br />

You will still need <strong>to</strong> fill in form <strong>IHT400</strong> in full where the grant is for a<br />

limited period of time. Where the grant is limited <strong>to</strong> certain assets, we tell<br />

you how <strong>to</strong> fill in form <strong>IHT400</strong> in the paragraphs below. There is<br />

information about applying for a grant on pages 58 <strong>to</strong> 62 of this guide.<br />

There are certain types of grant where you do not have <strong>to</strong> fill in<br />

form <strong>IHT400</strong> completely.<br />

• When the proposed grant is <strong>to</strong> be limited <strong>to</strong> certain assets. In this case<br />

you should include the assets <strong>to</strong> be covered by the grant in<br />

pages 6 <strong>to</strong> 10 of form <strong>IHT400</strong>. All the other assets that are part of the<br />

deceased's estate, but are <strong>to</strong> be excluded from the grant, should be<br />

included in box 76 on form <strong>IHT400</strong>. You should also fill in pages 1 <strong>to</strong> 5<br />

and boxes 83 <strong>to</strong> 108 of form <strong>IHT400</strong> and answer the questions on<br />

pages 4 and 5. You will also need <strong>to</strong> complete and sign the declaration<br />

on pages 12 and 13. You should only fill in (at this stage) any schedules<br />

that apply <strong>to</strong> the assets for which the grant is needed.<br />

• If you need <strong>to</strong> apply for a Settled Land Grant because land continues <strong>to</strong><br />

be settled land after the death of the life tenant, then Schedule IHT418<br />

Assets held in trust should not be filled in. Instead form <strong>IHT400</strong> and<br />

Schedule IHT405 Houses, land, buildings and interests in land should be<br />

used <strong>to</strong> provide details of the settled land. You should add the following<br />

words in a blank space in the declaration on page 12 'limited <strong>to</strong> the<br />

settled land of which true particulars and value are given'. All the other<br />

property that is in the deceased's estate should be entered in box 105<br />

on form <strong>IHT400</strong>. You should fill in pages 1 <strong>to</strong> 5 of form <strong>IHT400</strong> as if they<br />

related <strong>to</strong> the settled land only.

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