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share of additional property - how best to deal with this in will?

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Comments

  • Newly_retired
    Newly_retired Posts: 3,328 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Thank you for your input. I think we can forget the life interest as it was not expected that C would stay on in the property.
    The four beneficiaries of B’s will ie the share of the property, are C, her father D, her brother F, married with children, and her cousin G, no children( and I have no idea who will inherit from G).
    To clarify, I will be one of the executors of D’s will, hence my interest long term. I am hoping D can clarify this issue by updating his will to obviate any further problems. My advice is not being sought, as such, but I might have an opportunity to make a suggestion, if only I knew what to suggest.
    At the end of the day, I would think C and F ought to be the beneficiaries, but as things stand, that isn’t the case as D’s share of the property will fall into his residual estate. My feeling is that D needs to specifically bequeath his share to C and F, supposing the property has not been sold already. Of course, if C were to move out, the executors and the charity could sell the property, and the proceeds be distributed as per B’s will.
    I don’t think C, D and F would want the charity to take it all, though G might not mind. No single individual can afford to buy the others’ shares.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Makes more  sense now
    Would the charity be interested in buying out the shares, would C want to sell?, 
    Is there any lingering CGT liability since the passing of B when sold?

    one thing to check is who is named on the legal tittle as ultimately they are the ones responsible for dealing with the property as trustees for the 5 beneficial owners.

    I would discus with the father(as you have been put down as his exec) if he has any plans for his share of the property other than going to his kids who already have part beneficial ownership which would then be simple case of adjusting their shares and making the legal owners aware).


  • Newly_retired
    Newly_retired Posts: 3,328 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Thanks again. No CGT issues, Afaik. The legal title will be the charity and the executors of B. ( =D).
    I don’t have any further information I can add, except that if this eventually falls into D’s residual estate, I stand to benefit too, which I really don’t want or need. 
    yes, it would make sense overall for the charity to buy the share of the property, but then they would charge more rent, that is, if they agreed to keep C on as a tenant. 
    When C gets her share of this inheritance, it will affect her means- tested benefits, but that’s a whole other can of worms. Probably a reason why nobody actually wants to liquidate this asset.
  • xylophone
    xylophone Posts: 45,991 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 8 May 2021 at 4:01PM
    If G is willing to waive his share in favour of the charity (or even one of his cousins), would it be worth considering a Deed of Variation of B's will such that D's equitable share in the property goes to C and F alone?
  • Newly_retired
    Newly_retired Posts: 3,328 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Thanks, good thinking, if D hasn’t got round to updating his will in the meantime.
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