Death Duties on a property (from 1956)

SavvySaver24

Not sure if this is the right forum but I can't find one regarding inheritance tax and property.

I'm in the situation where I have inherited a property from a dear family friend. Inheritance tax has been paid on the estate so the probate 'bill' is settled. The property is being transferred into my name but it turns out there are registered charges on the property. The language is as follows under the "Charges Register" on the title:

"Until the registration of a disposition in favour of a purchaser for money or money's worth the land is liable to such death duties as may be payable or arise by reason of the death of [Name] of [Address] who died on [Date of death].

The date of death of the above was back in the 1950's and the property has been passed down twice via inheritance, and now a third time to me through inheritance (never sold).

There is no fee for me to pay as I am inheriting the property, not purchasing it, but I need to know what the death duties are for if I come to sell the property on as they may be extortionate. The solicitor has said this is outside their current scope so there's an additional charge which is fair enough but I just wondered if anyone else had ever come across this?

I'm also actually wondering whether the below link, under section "4. Liability for death duties" may actually mean any death duties are written off anyway when it is sold?

https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor

canaldumidi

I would advise you advise the Executers to take legal advice and get the charge removed. If there is a cost for this, then it is for the Executers to pay this out of the Estate before transferring the property to you.

Unless of course the deceased's will says you are to inherit theproperty subject to all existing Charges. Wording of the will might be relevant.