My husband died two months ago leaving my two sons as executors. In his will he left everything to me the house and some savings bonds were in joint names and he had just one instalment savings plan in his name with a value of less than £1,500. Can you tell me if I need to take out probate? The Probate Office says it cannot tell us.

Mrs J.O., Donegal

As always the situation is not as clearcut as someone in your situation would like. Essentially, whether one needs to get a grant of probate or not depends on the accessibility of the deceased's estate. Basically, such a grant of probate gives the executor(s) formal power to collect the deceased's assets and carry out any provisions in the will.

In a case like yours, where the deceased is passing the whole estate to a spouse and most of the assets are in joint names, it may well be that there is no need to take out probate.

It would appear, in this instance, that the determinant on the need for probate will be accessibility to the instalment savings plan which was in the name of the husband only. Given the small sum involved and what appears to be an unambiguous will, it is possible that the institution which holds the savings plan would be prepared to release it. If not, probate would become necessary as it would endow the executors with the power to ensure the release of the assets.

Should probate be required, it can be obtained through a solicitor or, in the case of an uncomplicated will and estate, by the executors themselves. Application for probate can be made to the Probate Office in the Four Courts in Dublin, or to one of the 14 district probate registries. Having received a request, the Probate Office will send out an application form which must be comprehensively completed and returned. There follows, in general, a couple of simple meetings at the first of which the executor(s) will be required to present a death certificate, full details of the estate and the original will. Upon completion, the executor(s) will be asked to pay a fee, which is worked out on a sliding scale, depending on the value of the estate.

However, each case is different and that is why the Probate Office would have been reluctant to make a determination without knowing the disposition of your husband's estate and the stance of the institutions in which his assets were held.

In relation to the situation with dividend payments from Norwich Union and the procedure necessary for claiming a tax refund from the British authorities, can you give me the address of the British Inland Revenue as I would like to make a direct application to that office?

Ms U.D., Dublin

The address you are looking for is:

Inland Revenue, Financial Intermediaries and Claims Office, Fitz Roy House, PO Box 46, Nottingham, NG2 1BD England

In relation to capital gains tax on transfer of a site from parent to child referred to in a recent column, I believe that you are wrong in saying valuations are set by the Revenue Commissioners. Can you clarify this point?

Mr J.M., Thurles

You are quite right in questioning the information on Revenue valuations for the purposes of capital gains tax (CGT) in relation to sites gifted from parent to child.

As stated, lands gifted in such circumstances raise issues of liability to capital gains tax as well as stamp duty and capital acquisitions tax. In determining the CGT liability, a valuation must be put upon the land. The value of such lands are self-assessed. If the Office of the Revenue Commissioners is not satisfied with the value presented in the self-assessment tax return, it can then refer the issue to the Valuation Office.

It is certainly advisable that a professional valuation be obtained in relation to any such gift in order to avoid unpleasant surprises from the taxman subsequently. Any such professional valuation should be included with the self-assessment tax return.

The issue is further complicated, as Mr J.M. points out, by the issue of development land. It is subject to CGT at a higher rate than other capital gains 40 per cent against the 20 per cent currently levied on other gains.

The legal definition of development land is precise and complicated but, essentially, if the market value of the land is higher than it merits under its current use, it is likely to be deemed development land.

Any land, currently recreational or agricultural for instance, which is gifted to a child for the purpose of building a residence, even a main residence, would consequently be considered development land under tax law and liable to CGT at the higher 40 per cent rate.

As Mr J.M. suggests in his letter: "To assess capital gains tax (if any) on the transfer of a site is a complicated matter and I suggest that professional advice should always be sought." His advice is well given.

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