Names added to deeds of inherited house but don’t remember signing anything.

SDLT_Geek

It is indeed possible for the donee to disclaim a gift which has been made, but only if action is taken as soon as it is discovered that the gift was made: see the Paradise Motor Co Ltd case.

mta999

good point - do it now or never

SDLT_Geek

https://forums.moneysavingexpert.com/discussion/comment/82000567#Comment_82000567

That depends on how long ago OP found out; it might be too late already to disclaim the gift.

bicyclist

https://forums.moneysavingexpert.com/discussion/comment/82001026#Comment_82001026

I found out at the beginning of last year (about 6 months before mum passed). I have since found out CGT may not be required to be paid from the point of our names being added, as long as we got no material benefit from the property (which we didn't). This would be an easier route if true (rather than removing our names) but I still need to investigate this - and I need to get hold of the TR1 first.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82002137#Comment_82002137

You would be unwise to pin your hopes on the Paradise Motor Ltd case to avoid a CGT charge in your circumstances. That case decision related to the disclaimer of equitable interests in property around events of a pure commercial nature, whilst you will be purporting to disclaim a gift of an absolute legal interest in land.

In the absence of any indication that you only had a mere equitable interest in the property (subject to any documented overriding beneficial rights retained by your mother), difficult to argue with the plain reading of the transfer of the undiluted legal title you seem to have been previously stuck with.

You also have the legal conundrum of attempting to disclaim a gift which 6 months later you automatically reacquired by operation of the legal terms of your mother's will.

In the absence of any documentation surrounding the basis for the original TR1 transfer, the only mitigating factor I see is whether your mother's intended a gift to you and your sibling of 1/3rd each (which seems to be your assumption), or merely 1/4th each being the half of the property presumeably previously owned by your father prior to his death.

My previous post did suggest a careful review of your father's Will in that regard.

bicyclist

https://forums.moneysavingexpert.com/discussion/comment/82002287#Comment_82002287

We have been assuming mum meant us all to have 1/3 (me/her/sibling) as there are just our three names on the Land Registry doc as ‘Proprietors’. Dad didn’t leave a will. I will apply for the TR1 tomorrow - maybe it will clear up some things.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82002302#Comment_82002302

Duly noted your father died intestate.

If property held as joint tenants, your mother automatically inherited the whole.

Even If held as tenants in common your mother was likely entitled to a statutory legacy of £250k under the intestacy rules at the time, so your father's share of the property would still accrue to her in satisfaction of the legacy.

Either way from what you say, it certainly looks as if she subsequently made an outright gift to you of share of the legal title with no apparent strings attached. The TR1 may possibly add a little more information ascertained from box 11 ( choice of declaration of trust ) and box 12 ( additional information). Good luck.

bicyclist

https://forums.moneysavingexpert.com/discussion/comment/82002485#Comment_82002485

Thank you.