How do I sell a house I have been left in a Will please ?(26 Posts)
Me and my brother have been left a house in a will and want to sell it.
Does it go to probate (whatever that is?) or can we jut sell and then present the solicitor with a copy of the Will.
Can anyone help as I am very confused ?
Sorry, the tax I meant wasn't inheritance tax. It's capital gains tax which is payable if you sell a house you don't live in. Inheritance tax isn't an issue at all as probate is sorted..I guess some years ago?
Inheritance Tax is only payable if the entire estate, so property, savings, shares and any investments as well as cash in the current account , exceed £325 k .
So if its worth say £350 k 40% of £25 k goes to the govt .
HOWEVER, if it was the parental home and Mum and Dad were married to
each other and one died before the other -here is a nice thing- the £325k
tax allowance would usually have passed to the surviving spouse leading
to a whopping £650k Inheritance tax free. for the survivor.
I am sorry to appear so morbid. This loophole would not apply to siblings
it only applies to married couples. You can check this out from HMRC
or an accountant which is worth considering the amount at stake.
Council tax; you are both liable for this now. In most areas empty properties attract an increased amount BUT most give a 6 month probate
period depends on the individual council. You need to take a copy of the
death certificate in asap. Take in by hand and get a written receipt.
If by any chance you think you may need longer than the 6 months to wind up the sale then consider letting it
Parisey, you might be better off starting a brand new thread as otherwise people will answer the OP.
You can do the conveyancing yourself. I did after I partly inherited my dads house. Have a look in the land registry website and download a form. They're very helpful via email and also have good YouTube videos telling you what to do. You will need a solicitor to sign saying he has met you and verified your identity which may cost a bit. Cost me £60, my brother found a solicitor who charged £10.
Your problem is you will be liable for capital gains tax. I take it your daughter is paying you for the house? So any increase in value (after the first 16k increase) from when you inherited it to when you sell it will be taxed at 40%.....unless you're currently living in it as well?
I'm no expert so can't guarantee I'm 100% correct but that's how I remember it. The form was very long and a bit daunting but just email the land reg with any questions.
Can anyone advise me on the best road to take:
Back in 2008 both my parents passed away leaving there home to me, my daughter & her family have been living there since, they now want to buy it from me, I have the will & house deeds with me, I've never had the names changed on the deeds, I don't know how to go about selling the house to them, should I of had the names changed on the deeds, probate has been done...many thanks in advance any information will be appreciated greatly ...
I don't know about the house sale, but I sorted out other aspects of my dad's estate when he died in 2011. It is quite time consuming to do yourself, and if there had been more than about £4k in total, I would have been tempted to get a solicitor to help.
I don't think you can legally continue to use your joint account now your mum is dead. You need to notify the bank of her death, along with anyone else she had any financial transactions with, including the DWP for her pension, insurance cos, all direct debits, etc. The basic rule is that someone who has died can't make a financial transaction, so you need formal proof of your right to act for her - that's what probate is. You def can't sell the house without probate.
You are not going to be able to sell the house without probate.
The solicitor dealing with the sale will want to deal with the person whose name the house is in, and will ask for ID, or to see the grant of probate. The buyer's solicitor will also check this. You can start the sale process off, but warn the buyer it might take longer to go through as you need probate before you exchange contracts
It is easy if it is a simple estate. Link here
Many thanks for all your guidance and advice. I am going to try to do the probate myself but if I struggle will get a solicitor.
I 'lll post on here how I got on.
The other advantage of using a solicitor is that he can handle the house sale too - and pay you/brother the end 50/50 share. You dont want the 100% going into an account in your name, will make the tax man very suspicious when you later claim to only have received 50%.
I'm sure there is alot you can do to make maximise the sale price over the next few months- decoration, remove all rubbish, keep the garden neat, furnish rooms (with spares), wash curtains, remove nets, stream clean carpets, get written quotes for any work that is necessary, quotes for GCH, DG - all useful to potential buyers.
As its empty, insure and make secure.
Thanks for that morethan, the solicitor took the details of accounts etc (not many) and this is where we are. My dad, at 80, would probably be worried if we weren't doing it 'properly'. But I now know for the future.
I just took all Dads paperwork from his house, which was documented and accounted for every penny he spent. Most things he had put in place and had left details of every account and bill.
It took hardly any time for the solicitor to sort it out.
Also as executor I did quite a bit myself, which only needed solicitor to round it all up and ask for my and my sisters signature for things.
As another account closed he sent us a cheque for any amount owed to my Dad, so last pension, council tax rebate etc.
Am amazed at the 1 grand cost. My mum died recently and the solicitor is charging £250 an hour plus VAt. She reckons it will be 15-20 hours. The will is not complicated (everything to Dad), is under Inheritance tax threshold and there is no debt.
Too late to change now, Dad basically just thought the solicitor they made wills with was the way to go.
I think it depends on how much money you will receive. It could be fraudulent as Capital gains might be applicable.
Unless you are really clued up about how these things work, I would seriously avoid trying to do it yourself. I am not trying to put a dampner on it, but you could become really unstuck and end up far worse off than if you had used a solicitor. What does your db say, as executors you do both need to agree at every turn.
I think (although I could be wrong) that you need to have an account for the estate. And it's probably the neatest way anyway. Why would you want to pay it into your mums account? Or is it her estate?
We went through a local solicitor and the whole thing cost about 1k.
It was worth it though as suggested above, we were busy, living in a different area to the house. When we did go over to the house we were able to empty it and decorate which in itself took many weekends of work.
The admin even if the solicitor handles probate is quite time consuming, especially when dealing with house offers, estate agents etc.
We also thought it gave us peace of mind that it was all finalised legally and we hadn't missed anything. In the scheme of half a house a grand seemed like nothing.
Good luck OP, hope it all goes smoothly for you and your db.
Great - thank you. I think I am going to have a go at doing it myself.
Just one last query -
What if we sell the house and pay the money into my mums account of which I a, a joint account holder. Then split the moe y with my brother ? Would this be illegal ? Seems an easier way,
How straight forward is the estate? If its very simple then you can probably administer it yourself. But equally you can get a solicitor to sort it all out. I can't remember what we paid.
You or whoever does it needs to get all monies owed to the estate and pay off all debts. So it's really like a big admin job. I think first you have to apply for grant of probate though. If you google it there's a very clearly written page on the govt website that runs through the process. If you and your brother are busy I'd probably get a local recommended solicitor to do it. It can be time consuming.
Sorry bloomin' spellcheck!
That is the deeds are on our parents names! (Not rents and elm should be issue)
Many thanks for you replies.
There elm is that both me and my brother are the Will Executers and also the beneficiaries. We have the house deeds but they are in ours rents names. We also have a Will.
So what is the best thing todo?
How do you do a DIY probate please?
You need probate which, depending on the value of the estate is something you can do yourself. My DH has done DIY probate since seeing how much cash an elderly relative was charged for a basic estate following a death.
He and his brother were main beneficiaries, the executor was happy for him to sort things out. Bank, pensions, savings, valuables, house all sorted. Probate signed at local office (it's like an affidavit), sorted.
it will be obvious that it is an inheritance. If it is very dated, might be worth some smartening up. The plus of these properties is that there really is no chain.
don't forget to get suitable empty property insurance in the meantime.
but in the meantime, you can smarten it up / clear out any "stuff" and give it a lick of paint or whatever might be needed to improve chances of a sale
Meant to say, all money and effects will be in the hands of the solicitors, and i presume there are executors whose job it is to make sure that the will is managed according to the wishes of the deceased.
You can't do anything until the house is officially passed to you, along with deeds.
Its just a waiting game, usually a couple of months if nothing holds it up.
Hope this helps a bit.
Once you have the official deeds in your hand, you can do what you like with it.
This is what happened with my parents house. You and your db will have to agree to market the house, choose agents, negotiating offers etc. you will both be equally responsible for this and both be required to sign any admin relating from the sale.
Do not let prospective purchasers know it is an inheritance if you can help it. They will be hoping you will take a lower price to be able to access your money. EA may tell them, but ask if they wouldn't. You can gain a few grand here.
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