Taxation logo taxation mission text

Since 1927 the leading authority on tax law, practice and administration

Readers’ forum: Will SDLT be due on sale of deceased’s share in a property?

22 August 2022
Issue: 4854 / Categories: Forum & Feedback
Will trust removal

An adult (John) and two elderly parents (Peter and Janet) owned a house as tenants in common: John 50% and Peter and Janet 25% each. The original mortgagor would not accept three names on the mortgage so only Peter and John were named on the title with Janet’s interest being noted on the land registry.

John took out and was responsible for the mortgage (although Peter was also on the mortgage) and Peter and Janet both put in capital. The mortgage was for less than 50% of the cost. Peter died and left his 25% share in the property to be divided equally between his adult children John and Susan in trust during the life of the surviving parent. There were mirror wills between the parents.

John needs to remortgage and has been told that the will trust is an insuperable obstacle. The family has agreed...

If you or your firm subscribes to Taxation.co.uk, please click the login box below:

If you are not a subscriber but are a registered user or have a free trial, please enter your details in the following boxes:

Alternatively, you can register free of charge to read a limited amount of subscriber content per month.
Once you have registered, you will receive an email directing you back to read this item in full.

Please reach out to customer services at +44 (0) 330 161 1234 or 'customer.services@lexisnexis.co.uk' for further assistance.

back to top icon