Want to sell house but can I?


(Jacqui Webster) #1

Looking for some advice here on the legalities of selling a house that technically isn’t mine!

My mother in law and husband saw a notaire nearly 2 years ago and completed a donation for the house to pass from her to him on the event of her death. Sadly he died (18 months ago) 3 days after the completed paperwork arrived at the house. Mother in law died 6 months later and my 4 children inherited the property. They are all under 16.

Now with circumstances being what they are I am considering a move back to the UK but what to do about the property?

Questions :

  1. Can I sell it now without paying inheritance tax?
  2. Do the children have to be involved in the sale?
  3. If we have to wait to sell, how long do we have to wait for?



    Thanks in advance for your help

(Jacqui Webster) #2

Thanks for the info Guillaume, I really appreciate it. I’ll give you a ring at the end of this week beginning of next once I have my list of questions clarified in my head. Thanks again.


(Guillaume Barlet-Batada) #3

Hello Jacqui,

It is obviously difficult without details to answer your questions fully:

  1. On sale of the property, inheritance tax would not be payable. However, if the property is sold for more than the value on the transfer to your children, capital gains tax may be payable.
  2. You should be able to act on behalf of your children until they are 18 but a judge will also have to be involved to assess if the sale of the property is in your children’s best interest.
  3. As regards to the wait, it all depends on your objective.

I suggest that you contact me (contact details with my profile) and I would be happy to discuss this further with you.

I hope this helps.