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Varying Will To Pass To Grandchildren?

3 replies

roses2 · 28/10/2025 15:09

DH's grandmother died last year and left a house to her two children (DH's mum and DH's uncle).

Everyone is in agreement that they are happy for the inheritance to be split between 4 grandchildren: DH, his brother and the two cousins and that the will can be varied by a solicitor.

DH and the brother want to buy the two cousins out of the house but have understood that if the house goes to all 4 of them then DH and BIL buy the 2 cousins out then stamp duty will be triggered whereas if the will is varied to only go to DH and BIL and DH/BIL give cash to the two cousins without triggering stamp duty.

Has anyone had a similar situation - is the latter part possible and is there a name for this process?

There is a solicitor involved but they seem very junior, inexperienced and say they can't give this advice so if anyone has had a similar dilemma and can recommend a solicitor also that would be great!

OP posts:
ClickClickety · 28/10/2025 18:58

This is tax avoidance/evasion of SDLT and possibly capital gains for the cousins.

Soontobe60 · 28/10/2025 19:24

The reason why they cannot advise you is because what you’re proposing is to avoid CHT / Stamp duty.

Hedgehogsrightsarehumanrights · 28/10/2025 19:26

Quite.

just take the tax hit, accept the inheritance and give the grandchildren the money released as an unrelated fiscal activity.

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