CGT Joint Tenants- Updated Land Registry

Updated Land Registry following death- advised this impacts on tax

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Hi all, 

My Dad passed away at the end of March.  He owned a rental property with my mum as joint tenants which my mum is looking to sell at some stage.  I sent the relevant paperwork to land registry to take my Dad's name off the deeds (to make things more straightforward) but my mum  has been advised by an accountant that this was not the right thing to do and could have tax implications. 

I am not a tax expert but I am not sure how this can be right as the property automatically became hers on my Dad's death.

Can anyone advise?  I am feeling really guilty!

Replies (10)

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By David Ex
21st Apr 2022 23:22

Are you your father’s executor and have you been granted probate?

https://www.gov.uk/applying-for-probate

(No idea if that’s strictly necessary to deal with the specific property issue but one step at a time.)

What specifically did the accountant say and what tax issues were mentioned?

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Replying to David Ex:
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By Paul Crowley
22nd Apr 2022 00:48

I would be interested in why this was any issue at all as well
Maybe the clever accountant has whizzo avoidance scheme

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Replying to Paul Crowley:
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By kellymcwest
22nd Apr 2022 08:58

Hi I am not the executor. Dad died without a will so everything goes to my mum anyway.

I am a solicitor (not a property or tax one) but asked a solicitor friend to send the paperwork over to land registry.

I didn’t receive the financial advice and my mum has asked me to try and get the correspondence to land registry cancelled but I can’t see how this makes a difference/

As joint tenants rhe property automatically became mum’s on Dad’s death.

As you say perhaps there is an avoidance scheme somewhere!

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Replying to Paul Crowley:
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By kellymcwest
22nd Apr 2022 08:58

Hi I am not the executor. Dad died without a will so everything goes to my mum anyway.

I am a solicitor (not a property or tax one) but asked a solicitor friend to send the paperwork over to land registry.

I didn’t receive the financial advice and my mum has asked me to try and get the correspondence to land registry cancelled but I can’t see how this makes a difference/

As joint tenants rhe property automatically became mum’s on Dad’s death.

As you say perhaps there is an avoidance scheme somewhere!

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David Winch
By David Winch
22nd Apr 2022 08:42

Just to confirm - your parents were joint tenants, not tenants in common?

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Replying to davidwinch:
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By kellymcwest
22nd Apr 2022 08:55

Yes definitely joint tenants which is why I am confused

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Replying to kellymcwest:
David Winch
By David Winch
22nd Apr 2022 10:34

Me too !

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By Paul Crowley
22nd Apr 2022 10:30

Mum trusts the accountant
Best Mum asks the accountant what exactly the issue is

As I understand it Mum gets the property by survivorship, not probate
But then IANAL
You are

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Replying to Paul Crowley:
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By kellymcwest
22nd Apr 2022 14:24

Haha

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By kellymcwest
22nd Apr 2022 14:26

Thanks all with your help with this. Think there was a slight miscommunication with the accountant who thought the change to the deeds happened before my Dad’s death and not after.

So it’s all fine and I’m not to blame for anything!

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