Stamp duty - do you count as a FTB for stamp duty if you've inherited a share in an estate that includes a house? That hasn't gone through probate yet?

[womanone]

Does anyone know? Have asked a few solicitors and keep getting different answers!

I inherited a share in an estate (mainly consisting of the family home), which is currently going through probate, due to be granted hopefully by December.

Also looking to buy a property, possibly before December 2023. Have variously been told that
a) yes, we count as FTBs for stamp duty purposes as we've inherited a share in an estate but never owned a property ourselves, or
b) we count as FTBs for stamp duty purposes BUT only if we buy before probate completes as the property will then be then be listen in our names at the Land Registry or

c) it depends on what the will says.

It surely can't be all of these?! Can anyone let me know?! Thank you!

Yes

@womanone IANAL

If you buy before probate then yes you are a FTB.

If you buy after probate it’s more complicated:

• if you inherit a share of an estate and the property is sold and money distributed the property should never be put in your name because the executors sell it, so you retain FTB status.
• if the property is kept and you own a % out right, you lose FTB status.
• if the property is kept and you own a % but someone else has a life time interest, I think you retain FTB status, because it is put in trust but you can’t live there. This is the one you need to check with a solicitor.

Just make sure you buy before Probate to avoid potential complications

Thanks @Twiglets1! Really helpful!