Anybody able to offer a little legal advice please (property related)

[Neil]

If anybody could offer a bit of advice I'd be very grateful.

My Mum died in January and I'm executor of the will and a beneficiary. The estate is quite small and she left me all the contents of the house plus half of everything else, house and money.

The other beneficiaries are 2 of my brothers.

I will be keeping the house and paying my brothers their share. Probate has been granted and values agreed.

The question is, could I just change the name on the deeds to myself and pay them their share. This would be the cheapest way for all concerned but am I missing something. It looks fairly straight forward (albeit quite a few forms to be filled in) to change the name on the deeds via the Land Registry web site.

Thanks,

Neil

[Dave O'Sullivan]

Sorry for your loss.

I'd imagine that stamp duty would be owed at the very least.

[Neil]

Sorry for your loss.

I'd imagine that stamp duty would be owed at the very least.

Thank you it was sad. Unfortunately I was the only one that had any contact with her for a number of years, looking after her and her affairs for the last 5 years after she was diagnosed with dementia.

The house is below the stamp duty threshold, so no stamp duty would be due.

[P ELLIS]

change the deeds , you dont technically have to but i am just doing it now and it is a little bit of a faff . I am in a similar position as you but no brothers/ sisters so its not as complicated but the forms have to be spot on and word perfect when you send them back ( AP1 and AS1 ) . You can pm me if you like

[stuie-t]

Thank you it was sad. Unfortunately I was the only one that had any contact with her for a number of years, looking after her and her affairs for the last 5 years after she was diagnosed with dementia.

The house is below the stamp duty threshold, so no stamp duty would be due.

If it’s not your only property, I think stamp duty surcharge is still payable?


Sent from my iPhone using TZ-UK mobile app

[David_D]

If it’s not your only property, I think stamp duty surcharge is still payable?

For accuracy, it's SDLT these days (not Stamp Duty):

https://www.gov.uk/guidance/stamp-du...rates-apply-to

Looks as if the 3% applies even under the usual £125,000 threshold.

It's probably too late and, in any event, the numbers may not have worked out but would this have helped? ie, could you have a deed of variation that gave you the house and your brothers everything else?

https://www.saga.co.uk/magazine/mone...d-of-variation


https://www.gov.uk/hmrc-internal-man...ual/sdltm00570


I'm out of my depth now but might be worth speaking to a solicitor?

[Neil]

change the deeds , you dont technically have to but i am just doing it now and it is a little bit of a faff . I am in a similar position as you but no brothers/ sisters so its not as complicated but the forms have to be spot on and word perfect when you send them back ( AP1 and AS1 ) . You can pm me if you like

Thanks