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Property bought with inheritance in trust for kids. Now want to sell?

3 replies

SandyThumb · 12/12/2023 18:25

I know I will need to get legal advice, but just wondered if anyone can advise exactly what kind of advice, as I've had mixed POVs.

When my father died he left some large sums of money to my children, but as they were under 18 it was left in trust with my brother and I as trustees.
We bought a buy to let property and managed it as an investment for them.

The 'kids' are now in their 20s and we want to sell up, but we've realised we never transferred the property into their names with the Land Registry.

Anyone know how we go about selling - will we have to legally transfer it to them first before we can sell?

OP posts:
Aria999 · 13/12/2023 01:48

Trusts are really complicated and you should not do anything based on what a random person on the internet tells you.

I think that the trust could sell it and either hold or distribute the proceeds to the beneficiaries but I am not an expert and there may be tax implications of doing different things.

You want a tax accountant with knowledge of trusts and a legal advisor with knowledge of trusts.

CrabbiesGingerBeer · 13/12/2023 02:26

Aria999 · 13/12/2023 01:48

Trusts are really complicated and you should not do anything based on what a random person on the internet tells you.

I think that the trust could sell it and either hold or distribute the proceeds to the beneficiaries but I am not an expert and there may be tax implications of doing different things.

You want a tax accountant with knowledge of trusts and a legal advisor with knowledge of trusts.

This. It’s complicated and there may well be significant tax implications based on what you do. It may be you can get away with just a tax advisor but you certainly need proper advice from someone with qualifications and liability insurance.

I don’t think you need to transfer it to their names before sale but that knowledge comes from something I vaguely remember happening with a lifetime trust (not a trust for children) so:

  1. My memory may be wrong
  2. The law may have changed
  3. The law may be different with a trust for children.

That also doesn’t take into account anything relating to tax. There may be ways to structure the sale to significantly reduce any tax bill - you would need an expert.

Flamesatmytoes · 14/12/2023 21:03

was a Trust ever legally drafted?
Who are the Trustees- they legally own the house, not the Trustvas such.
Have you registered the Trust with HMRC as you were required to?
What year was the Trust established?
Where has the rent been paid?

All these points are pertinent.

Do your children want the money? Does it need to leave the Trust - what did the Will say? I.E age of beneficiaries.
Couid they live in the property?

This need a STEP qualified private client solicitor.

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