Is probate always necessary?

Mojisola

srcandas wrote: »

The estate is £520,000. House £400,000. Cash £120,000.

My brother who lives in the house, he was my mothers helper, would like to stay there. So the easy answer is my brother keeps the house and gives me all my mum's cash and £140,000 from his savings.

Is there a risk that I will become liable to tax because I appear to have sold him half a house?

You will be able to do this after the estate has been divided up but the terms of the will must be followed.

Or you could do a deed of variation giving your brother the whole of the house and you the cash and trust him to give you the remaining £140,000 out of his savings. Perhaps you could get a formal agreement signed at a solicitor's saying that he will give you the money by a certain date.