Is CGT payable on property that's half in estate?

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I have a client who is the widow and joint tenant in common and executor. It's 3 years since death and the estate has probate and the house will be put up for sale. The half owned by the deceased spouse will go to their adult child as stated in the will and will be conveyanced then as part of the sale. How does CGT get applied and to whom? The house was bought before 1982.

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By Tax Dragon
05th Apr 2024 16:22

tmh12 wrote:

I have a client...

In what capacity? You are their lawyer, their hairdresser, their... their what?

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Replying to Tax Dragon:
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By FactChecker
05th Apr 2024 17:30

Whatever the answer (should it be forthcoming), it seems clear that any services being provided by OP to said client do not include any of probate work / tax advice or filing / inheritance planning.

If they do then I worry for both parties; if they don't then OP should point client at someone professionally qualified to provide the advice.
This sounds like a classic of 'saving a few quid only to waste thousands'.

EDIT: all the points mentioned below by MUL (and many other uncertainties on aspects not covered by OP above) suggest that this also is a frontrunner for the UUA (unknown unknown award).

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By kaff
05th Apr 2024 17:01

I don’t know what you mean by “……and will be conveyanced then as part of the sale”. If probate's been obtained, won't the sequence of events be 1) immediate transfer of relevant title to the beneficiary (adult offspring) and then later 2) transfer of title to new purchaser, once sale complete? (At which point any CGT liability on the beneficiary will crystallise, based on the difference between probate value and ultimate sale value)?

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By More unearned luck
05th Apr 2024 17:04

I quite like the ambiguity of "joint tenant in common" and am puzzled by the apparent conveyance of the property to the offspring and not to the purchaser.

What house is being sold the only or main family home, a second home or an investment property?

If the first of these is the case:

-Where is the poor widow going to live?

-Did Dad really leave his interest in the family home to the offspring absolutely or is there an IPDI trust?

It's also unclear if this is a case of a protracted period of administration. If so there may be TRS implications (as there would also be if there was a will trust).

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