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Reservation of benefits after gifting a property.

1 reply

Shortfatscotsbloke · 27/02/2025 19:08

Sorry for the very complex issue as my first post, but I'm struggling to find any answers online and can't get to see our solicitor for a few weeks yet.

So, my FIL died in 2013 and we moved in with MIL, selling our property and spending £100k+ extending her property. She then gifted the property to us and continued living there so assume there is a 'reservation of benefits' scenario as it was written into some paperwork that she would be entitled to remain in the property. Forward 5 years and we sell the house and all move to Scotland in 2018. There is no mention anywhere that she has to continue to live with us and she is happy to move with us and trusts us 100%.

So, for IHT purposes, is there any property value of any kind that counts towards IHT or was that link broken when the original, house was sold? Only asking cos the current capital only available is well under IHT limits, however potentially might be over and subject to to IHT if the current house valuation is taken into account.

Thanks for reading, I appreciate that this is not relevant to most people.

OP posts:
Geneticsbunny · 27/02/2025 20:25

Might be worth posting in the Scottish board?

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