Distrust of Co-Executor plus Capital Gains Tax query

getmore4less

HMRC might be interested, the sale may have been done under POA.

There may have been no IHT with a transferable nil rate band but an HMRC enquiry for a capital return will distract her from your estate.


NO CGT on estates.

bingaling

Have checked Probate website and there are two people with same names and same approx death dates to say that it was granted.

Yorkshireman99

bingaling wrote: »

Have checked Probate website and there are two people with same names and same approx death dates to say that it was granted.

It will cost £20 to get a copy of both. Get the first and you may get lucky that it is the one you want.

bingaling

Thank you Getmore4less - it may indeed be done under POA and crikey, sisters husband I think was POA. I can not ascertain that the probate on website actually relates to MIL.

RAS

So next time she or BIL say that probate is not needed, ask SIL why she did it for both FIL and MIL?

Or maybe just let the HMRC on them for a while?

As getmore4less indicates, if the sale was shortly after death they may have used the POA but they should not have done that (become invalid on the date of death and probate would be required).

And anyway, they would have to declare the sale value and the £100K and anything else for probate.

RAS

Given the cost of legal advice £20 spent checking the details is worth every penny.

bingaling

No - not MIL on probate....

bingaling

Oh and sisters FIL died about 15 yrs ago

getmore4less

was MIL house marketed there is usually some history still accessible on the likes of rightmove.

I suspect the land reg guy can't do speculative requests like check if the property was sold after death by a POA or probate or if it was owned by someone else at the time.

bingaling

unable to find any more info on sisters MIL