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Clare, Solicitor
Category: UK Law
Satisfied Customers: 30667
Experience:  family solictor with 25 years experience
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Good morning, My mother has left my sister and I her house

Resolved Question:

Good morning,

My mother has left my sister and I her house in her will. It is just worth about £150,000 and the rest of her estate just a few thousand on top of this. I originally bought the house for mum about 25 years ago. I would like to give my sister her share of the money just now as she is not well off and she and her husband would like purchase a new house just now and this would be one way to achieve that. It would be based on mum signing over her house to me just now either fully, or with a promissory note that it would be mine entirely when she passes. She would obviously stay there for the rest of her life. Is all this easily achieved as her estate is below inheritance threshold and I would be happy to pay capital gains on any future gain. I would not want to charge mum rent which may complicate things? Any advice appreciated.
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.
Thanks for your question. Please remember to rate once you get my answer.

I would always recommend getting a solicitor to deal with the paperwork on such a transfer. It is straightforward to do. Difficulties may occur if the property increases in value and it has not been transferred. That said if she is simply transferring you will also be liable for CBT - you really need to be buying it off her for a fair price.
Customer: replied 1 year ago.

Sorry, I haven't got my point across well enough. I do not wish to buy the property from her as she is already leaving it to us in her will. I am merely trying to find a way that I can give my sister half the value of the property just now from my own funds, but also to ensure that I then tie up that the house in my name one way or the other. My mother will be happy to go along with whatever we choose to do as she knows I have looked after her for the past 40 plus years. As mentioned I originally bought the house for her anyway. It is just the best way of achieving this. My ideal would be for her to sign over the house to me just now and I then let her stay in the house for the rest of her life. Should she need to go into care I would of course take care of that. My worry was that if I then let her live there rent free is there tax problems? The estate as mentioned is way below the inheritance tax threshold but I think there may be other rules affecting the rent free thing. Anyway our preference is that she signs over house to me, I give my sister a lump sum so she and husband can move house and finally that mum can then live in the house rent free. Can we do this legally and easily? Thank you.

Expert:  Thomas Judge replied 1 year ago.
You can do all of this legally and relatively easily. You would get your mother to transfer the property to you. To pay your sister and get a receipt from her. You can also let your mother live there rent free, however there are tax consequences and you should seek a market rent from her. By way of example, any gifts she makes to individuals will be exempt from Inheritance Tax as long as she lives for seven years after making the gift. These sorts of gifts are known as 'Potentially Exempt Transfers' (PETs).
However if she gives an asset away at any time, but keep an interest in it - for example the house away but continue to live in it rent-free - this gift will not be a potentially exempt transfer.
Expert:  Clare replied 1 year ago.
Thank you for your question. My name is XXXXX XXXXX I will do my best to help you.
As you have so clearly stated this is not an Estate where Inheritance Tax will be a problem.
You have already confirmed that you will be responsible for you mothers care home fees should the issue arise and you have also considered the implication of Capital Gains Tax.
You can now deal with this in a number of ways.
You can purchase the house from your mother for the full value and she can gift it on to you both so that there is a clear picture for all three of you as to what is happening.
Alternatively you can give your sister the money and your mother can sign a Declaration of Trust stating that she is holding the property on Trust for you or your estate - and why.
As another option you could purchase half of the equity and your mother could then gift the money to your sister. If you and your mother hold the property as beneficial Joint tenants then the property will pass to you when she dies HOWEVER with this option please remember - the unexpected does happen and you may go before your mother.
There is no right or wrong way to do this - these are just the options
Customer: replied 1 year ago.

Hi Clare, Thank you so much for this very helpful answer. I think purchasing the house for full value seems the way to go, with her gifting it on to us as you suggest. Done up I think the house would perhaps sell for a max of £150,000; whilst in its present run down state about £100 - £110,000, so we are only talking relatively small sums here. I assume a solicitor wouldn't charge too much for this to be done? Again thank you for your help. Andy.

Expert:  Clare replied 1 year ago.
It should not be expensive - but the solicitor is likely to want to be reassured that you clearly understand the implications with regard to the Care Home fees
Clare, Solicitor
Category: UK Law
Satisfied Customers: 30667
Experience: family solictor with 25 years experience
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