Stamp duty- first time buyer/ executor has sale

tilly78_2

Hi

I sold my mothers house as the executor of the will last year. From this money was distributed to family members. This then allowed me for the first time ever to have enough money to use as a deposit on my own property. In February I completed on my first ever purchase/mortgage.

Where I have a problem which I would be grateful for some advise is that I have paid stamp duty on my property. The solicitor advised that as I had sold my mothers property I wasn’t a first time buyer. The property was never transferred into my name and I sold it as a executor.

They have told me i need to contact HMRC myself if I want to appeal this. Has anyone else had this same issue.

I do wander if I had used a different solicitor for my mums house sale and my purchase would they have ever even considered that sale as they wouldn’t have known about it?

Mojisola

tilly78 wrote: »

I sold my mothers house as the executor of the will last year. From this money was distributed to family members. This then allowed me for the first time ever to have enough money to use as a deposit on my own property. In February I completed on my first ever purchase/mortgage.

Where I have a problem which I would be grateful for some advise is that I have paid stamp duty on my property. The solicitor advised that as I had sold my mothers property I wasn’t a first time buyer. The property was never transferred into my name and I sold it as a executor.

You may have sold the house but you weren't the owner - the estate was.

If this is the quality of advice you're getting from your solicitor, I would carefully check everything else he/she has told you.

davidmcn

Your solicitor is talking rubbish. You would only have become the owner if you (as executor) had transferred the property into your own name (as an individual).

AnotherJoe

tilly78 wrote: »

Hi

I sold my mothers house as the executor of the will last year. From this money was distributed to family members. This then allowed me for the first time ever to have enough money to use as a deposit on my own property. In February I completed on my first ever purchase/mortgage.

Where I have a problem which I would be grateful for some advise is that I have paid stamp duty on my property. The solicitor advised that as I had sold my mothers property I wasn’t a first time buyer. The property was never transferred into my name and I sold it as a executor.

They have told me i need to contact HMRC myself if I want to appeal this. Has anyone else had this same issue.

I do wander if I had used a different solicitor for my mums house sale and my purchase would they have ever even considered that sale as they wouldn’t have known about it?

Presumably other people using your incompetent solicitor ?

I would do two things. First, contact HMRC to get your stamp duty refunded, second put in an official complaint to your solicitor requiring recompense for the time and trouble you've incurred. Cost it at whatever hourly rate your useless solicitor is charging you.