Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

How long can you kero a house after inheritance?

15 replies

mikado1 · 25/03/2024 09:41

I'm wondering about tax implications. Myself and siblings have inherited our family home and are struggling to decide what to do. Can we just let it sit for a year or so or will that mean CGT or other? One of us may buy it but undecided as yet. The property value itself will not put us into inheritance tax.

OP posts:
PickledPurplePickle · 25/03/2024 09:52

If it goes up in value while it is in your names then you will need to pay capital gains tax on the profit

mikado1 · 25/03/2024 10:22

Ok thank you both. If only if it goes up and only then on the profit, that wouldn't be too bad and would be worth holding on to get the decision right. I'll read the article now.

OP posts:
mikado1 · 25/03/2024 10:29

That's really helpful and makes me feel we're not under the pressure I thought we might be. I wonder does that stand if one of us buys and pays the others at probate value.

OP posts:
Bromptotoo · 25/03/2024 10:34

The house is an asset of the estate and I would expect the Executors or Administrators to be under an obligation to get market value. Probate values tend to the pessimistic.

tigger1001 · 25/03/2024 10:36

It will depend. Has the house been transferred to you all yet? Or is it in the executry still?

Ifailed · 25/03/2024 10:36

Remember that it's the Estate that pays any taxes (CGT, IT etc), whatever is left goes to the beneficiaries as per the will. One of you can buy it, but they need to pay cash or use a mortgage, then the estate can be distributed.

mikado1 · 25/03/2024 10:53

In the executrix still. We're holding things up really as we are so unsure about what to do and what to do about valuation, we've been given a value with a 100k range (eg 500-600k)

OP posts:
prh47bridge · 25/03/2024 11:03

You should use the high value unless that takes the estate over the IHT threshold. CGT will be due if the property sells for more than the valuation given for probate.

pastypirate · 25/03/2024 11:09

mikado1 · 25/03/2024 10:53

In the executrix still. We're holding things up really as we are so unsure about what to do and what to do about valuation, we've been given a value with a 100k range (eg 500-600k)

I'm going through this. There should be no council tax or utilities duty which you are waiting for grant if probate so essentially no running costs just now.

That's a vague value and usually the probate registry want a more precise value. I would just ask a local estate agent to come over. I got a sale and a lettings value whilst I was trying to decide what to do.

Cgt is paid on the increase (if any) between the probate valuation and what the house is then sold for. How much cgt depends on what income tax bracket you are in.

Angrymum22 · 25/03/2024 11:23

We were left a family home ( between 3) fortunately it was in the Lake District so we decided to keep it and used it as a holiday home for many years. We had to do some work on it and as the children grew up we were using it less so decided to sell it.
The capital gains was only paid on the increase in value. Fortunately we sold before the reduction in the CGT allowance.
If one of your siblings buys out the rest then stamp duty will be involved along with solicitors fees.
CGT doesn’t kick in until 12mnths after the property is transferred ( I think). And to be fare it may be negative value if house prices tank over the next few years.
Remember the probate value is irrelevant since the house is only worth what someone will pay when it is sold. Try not to think of it as a set figure. Any money you receive is extra regardless of CGT.

mikado1 · 25/03/2024 11:40

Thank you all for this valuable advice. The estate agent is happy to give a valuation anywhere along that range and is deferring a little to us on whether we want to go high or low end. It would bring us over IT if we went high, just about. Lots to consider. Lovely to keep it as holiday home but I don't think the others would go for that.

OP posts:
ConsistentlyElectrifiedElves · 25/03/2024 12:17

mikado1 · 25/03/2024 10:29

That's really helpful and makes me feel we're not under the pressure I thought we might be. I wonder does that stand if one of us buys and pays the others at probate value.

If one of you buys the other out at probate value there is no "gain" to the person selling as the gain is calculated by deducting the probate value from the actual value sold at.

No CGT in this scenario.

Just keep it in mind that CGT is just payable on the profit when the property is sold and that the profit is calculated by deducting the probate value from the sales price. You can deduct other costs from this profit too, such as estate agent's fees and legal fees.

The closer the property is sold to probate being granted, the less likely a "profit" will arise.

Bear in mind if you do sell it, the sale will need to be reported to HMRC within 60 days, whether there is tax to pay or not:

Report and pay your Capital Gains Tax

How to report and pay Capital Gains Tax (CGT).

https://www.gov.uk/report-and-pay-your-capital-gains-tax/if-you-sold-a-property-in-the-uk-on-or-after-6-april-2020

BorgQueen · 25/03/2024 15:07

Just remember it needs empty house insurance, which has fairly strict conditions and after the 6 month council tax leeway, it needs paying and usually doubles after 2 years. Plus standing charges on utilities. It’s not cheap to keep an empty house going properly,
don’t be tempted to turn off the water etc. A house gets damp very quickly when cold.

mikado1 · 25/03/2024 17:34

Good advice, thank you. Ins company says all OK until next renewal date.

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread