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Gifting inheritance- how does it work?

4 replies

Fretfulmum · 28/04/2024 01:40

My last grandparent died intestate, a letter of administration has been granted and their property is currently being sold and due for completion in the next couple of months. The beneficiaries are the 4 children (one of whom is my DF). It has been decided amongst the beneficiaries that the inheritance will get passed to all grandchildren instead. However, it is over 2 years since my GP died. Does my DF have to gift the money from his bank account to mine or is the solicitor able to pay me directly following consent from my DF? Thanks

OP posts:
VanGoghsDog · 28/04/2024 01:45

I think deeds of variation have to be done in under two years, under two years of the death that is. And doing them when the deceased person died intestate is more complex.

So, assuming that's right, it has to go to your dad and he will gift it to you.

The only difference here is that I've had does within seven years it would still form part of his estate and increase that for inheritance tax purposes at that point.

Fretfulmum · 28/04/2024 01:57

Thanks. I know a deed of variation cannot be done due to the time limit being exceeded. I was wondering if it was possible for the solicitor to pay me directly under instruction from my DF who wants to give it is a gift to me, instead of him transferring it to me once he’s received it. More for ease than anything

OP posts:
AgreeableDragon · 28/04/2024 08:08

Your DF can ask the solicitor to do that. I suspect they will say no because of the need for an audit trail. It might look as if your DF is trying to avoid the tax implications which will arise from his gift to you (as PP said).

Fretfulmum · 28/04/2024 16:26

Thank you

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