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Leaving house in deceased person's name.

27 replies

HierarchyOfMugs · 13/12/2025 08:43

In England, is there a time limit for how long a beneficiary can leave a house in the deceased person's name? I.e. not update the land registry. Obviously, if it's not in the beneficiary's name they don't need to pay the additional stamp duty if they buy a house of their own. Can they just keep the house in the previous owner's name and collect the rent?

To be clear, I'm not planning on doing this - I think someone I know is planning on doing it.

OP posts:
Mum5net · 13/12/2025 13:10

OP, if you’re not a fan, karma may yet be on its way.
It’s possible the rental income wasn’t declared at probate. It’s also possible the tenant hasn’t been informed, and quite likely that income tax, capital gains tax, and the additional stamp duty haven’t been dealt with properly.
If the property was left to more than one DC, they’ll each have a CGT allowance, which can help spread the liability.
The valuation at date of death is crucial. If they deliberately gave a low valuation to reduce tax at probate, that can backfire badly, as it increases the eventual capital gain.
It's all quite complicated and they should have sought proper legal advice. They probably just hope nobody decides to question their taxable affairs ...

HierarchyOfMugs · 13/12/2025 14:07

Mum5net · 13/12/2025 13:10

OP, if you’re not a fan, karma may yet be on its way.
It’s possible the rental income wasn’t declared at probate. It’s also possible the tenant hasn’t been informed, and quite likely that income tax, capital gains tax, and the additional stamp duty haven’t been dealt with properly.
If the property was left to more than one DC, they’ll each have a CGT allowance, which can help spread the liability.
The valuation at date of death is crucial. If they deliberately gave a low valuation to reduce tax at probate, that can backfire badly, as it increases the eventual capital gain.
It's all quite complicated and they should have sought proper legal advice. They probably just hope nobody decides to question their taxable affairs ...

They're probably hoping HMRC don't spontaneously decide to investigate them....😆

OP posts:
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