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Probate needed for gifted house?

ian16527
ian16527 Posts: 311
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edited 2 January at 4:23PM in Deaths, funerals & probate
Dad put his house in my name 21 years ago for reasons known to himself.
Its not a high value property and with savings his estate will be no more than £60k. 
He still lived in the house free of rent and I think I read on here that this will have to be declated to probate, even at the low value. 
I am his only son and everything is left to me
I know it may be subject to capital gains tax but i thik ot will be worth less now than in 2004

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 23,612
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    As it is not in his name probate will not be required. Unless you have also been living there or the property have not gained more than £3000 in value over the last 21 years you will have a capital gains tax liability if you sell it. 
  • user1977
    user1977 Posts: 20,034
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    You don't need probate if it's already wholly in your own name. The value would come into Inheritance Tax calculations because it was a gift with reservation of benefit (because he was still living there rent-free), but if the whole estate is nowhere near IHT limits then that's academic.
  • p00hsticks
    p00hsticks Posts: 15,163
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    However, I believe that the house would counts as a 'gift with reservation of benefit' as your father continued to live i it without paying rent, so if you do need to get probate for other reasons (e.g. a bank asks for it before releasing any funds) you'd then need to include the value of the house in his estate. 
  • ian16527
    ian16527 Posts: 311
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    However, I believe that the house would counts as a 'gift with reservation of benefit' as your father continued to live i it without paying rent, so if you do need to get probate for other reasons (e.g. a bank asks for it before releasing any funds) you'd then need to include the value of the house in his estate. 
    I think this is what I read about on here. He has been in a care home for 2 years so has depleted his savings so not a great deal left
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