Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

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.

Information requested about financial implications of a possible inheritance.

10 replies

Inheritancequeries · 12/04/2026 21:21

NC for this. Can anyone give me some general factual advice about the following situation please?

I may inherit a share of a property in the forseeable future. The value of the property is likely to be split between me and my siblings (I think equal shares but I don't know for certain. Equally it could all go to the donkey sanctuary, so I'm not counting any unhatched chickens yet!).

One of my siblings currently lives in the property with our aged parent. They will not be able to contine to live there alone for a variety of reasons - they know and accept this, and in fact we have been told that there is a time restriction in place meaning that they have a certain length of time to look for alternative accommodation before the property is sold, with the clear expectation that they will indeed move out.

Another sibling feels that the sibling who stays in the property should pay rent to the rest of us until they move out.

I have various concerns:

  1. If the rest of us receive rent from the resident sib, will that affect us wrt CGT when the property is sold?
  2. I'm a higher rate tax payer. Presumably if my sib pays me any rent, I'll be taxed heftily on it?
  3. What actually happens with CGT if the property isn't sold for a while and is then marketed for more than the probate valuation (as of course its value could go up with time)?
  4. The property is in an area where there's a surcharge (100% I think but there is talk of increasing that) on council tax for second homes. Will it be charged as a "second home" before the property is sold? Probably not if it's lived in - but if it's empty and on the market, what about then?
  5. I expect there are other possible pitfalls! What am I overlooking? I know that there's no real likelihood of any IT being due.

Obviously I will take any necessary professional advice when the time comes but there are different opinions amongst us about the best way forward and I would like to understand any financial implications before I stick my oar in!

Many thanks for any advice which I fully accept may be fairly generic in nature.

OP posts:
Hedgehogforshort · 12/04/2026 22:20

The question is will you and others inherit the actual property or the proceeds of the sale of the property.

Inheritancequeries · 12/04/2026 22:29

Well I hadn't thought of that. Who would own the property, if not us, between the probate date and the sale?

OP posts:
ArtAngel · 12/04/2026 22:34

I would think very carefully before charging rent to the resident sibling, and whether that would turn you into landlords with the new difficulties, and what your responsibilities might be.

unsync · 12/04/2026 22:45

Is your sibling living there as a carer for aged parent?

Hedgehogforshort · 12/04/2026 22:48

Inheritancequeries · 12/04/2026 22:29

Well I hadn't thought of that. Who would own the property, if not us, between the probate date and the sale?

once a person dies all their assets become part of their estate including the house.

The estate will own the property after death. The executors of the estate will pay all outstanding liabilities such as tax council tax, power supply, and funeral costs.

They might have to liquidate assets such as sale of the property if there is insufficient funds to cover liabilities.

If a person is living the property after death then the executors of the estate may decide to charge rent, and may tell them to leave that will be up to them.

As a beneficiary of said estate it depends on the terms of the will and if it is possible to donate a share in a house or the residual value of said house.

it all hangs on what the will actually says.

Kimura · 13/04/2026 02:58

Will it be charged as a "second home" before the property is sold? Probably not if it's lived in - but if it's empty and on the market, what about then?

It varies between authorities, but following a death there's generally a council tax exemption for properties until probate is granted, and for a period after, as long as the property remains empty. An exemption from the second home premium can also be granted for up to 12 months after probate is granted, again assuming it remains empty. Your sibling living there will obviously impact this, so you'll need to seek advice from the relevant authority.

A 12 month exemption to the second home premium is also usually granted if the property is unoccupied and being actively marketed for sale via an agent.

Another2Cats · 13/04/2026 07:48

"...and in fact we have been told that there is a time restriction in place meaning that they have a certain length of time to look for alternative accommodation before the property is sold, with the clear expectation that they will indeed move out."

Without seeing the actual will, this could mean one of two things.

Either that is something included in a 'Letter of Wishes' which can sometimes accompany a will. This is where the person making the will gets to say things that they would like to happen after their death. It is not legally binding. So it may just be that this is something that your parent would like to happen but it is not legally enforceable.

Alternatively, this could be written into the will, that your sibling has the right to remain living in the house for a set amount of time.

How this would happen is that after death the house is put in trust for the beneficiaries and is held for them by the named trustees (this is typically the same people who are the executors). In the meanwhile, one or more named people have the right to use the property.

This is called an 'immediate post-death interest trust'. Often, the person with the right to occupy the house will be given a lifetime right, but it can also be until a particular event happens (eg cohabitation or remarriage) or for a set amount of time.

This is typically used so that a surviving spouse is not turfed out of the family home by children who have been left a share of the house.

But it can also be used in the same way for a child (or, indeed, anyone else).

So, the important thing before you even think about any of these questions, is to find out what the will actually says.

If the will says something like:

"I give my property, 123 Letsby Ave, to my trustees to hold on trust to allow Child1 to occupy or use rent free for a period of two years"

Then Child1 has that right. There is nothing that you can do about it unless you want to challenge the validity of the will itself.

In this situation, Child1 would be referred to as the 'tenant' or 'life-tenant' and the other siblings would be referred to as the 'remaindermen'. In Scotland, they use slightly different terminology.

So, where you say "...there is a time restriction in place", everything turns on how that restriction is accomplished.

.

Having said all, now to the actual questions:

Qs 1 & 2 won't apply if the house has been left in trust. However:

1 If rent is paid that will not affect CGT.

2 If you are a higher rate tax payer then, yes, you will pay tax at your highest rate.

3 With regard to CGT, if the life-tenant occupies the home as their primary residence then the house is counted as belonging to them and there will be no CGT to pay. If they move out of the house then the normal CGT rules will apply from that date (eg you will have 9 months to sell the house after Child1 moves out - unless they move into long-term care in which case you get longer to sell the house).

4 With regard to council tax, as long as Child1 is living there then there is just the normal council tax to pay (along with getting the single person discount). Once Child1 moves out of the home then the trustees become responsible for paying council tax.

If there is a second home surcharge payable then that will have to be paid as well. However, do check with the specific local authority. The reason I say this is that this surcharge usually only applies to furnished properties.

So, if the furniture is taken out of the property when Child1 moves out then different rules apply and it is treated as an empty home, but there can often also be empty home premiums as well. In the area where I live there is no empty home premium for the first 12 months that a property remains empty.

Inheritancequeries · 13/04/2026 07:55

Thank you @Another2Cats for such a comprehensive response (and to everyone else who's replied too).

OP posts:
Steelworks · 13/04/2026 08:03

How long is sibling expected to live in property? If only a few months, then a little unfair to charge her rent.

i don’t think the sharing of the estate is going to be smooth, if you’re already having heated discussions, and the elderly parent is still alive! The parent may have put in the will that the sibling is entitled to live there rent free until s/he dies or for a set period, so the rent discussion could be mute.

Kimura · 13/04/2026 14:21

Steelworks · 13/04/2026 08:03

How long is sibling expected to live in property? If only a few months, then a little unfair to charge her rent.

i don’t think the sharing of the estate is going to be smooth, if you’re already having heated discussions, and the elderly parent is still alive! The parent may have put in the will that the sibling is entitled to live there rent free until s/he dies or for a set period, so the rent discussion could be mute.

Edited

so the rent discussion could be mute.

Moot! (Sorry!)

New posts on this thread. Refresh page