Inheritance Issue-Complicated

P

patti

Guest
Hi,
A woman left a house and some land to her daughter in her will. The woman then died. However, there was a clause in the will that the daughter would have the house and the land for her life and that then these would pass on to her children. Does this mean that the daughter has no legal claim to either the house or the land? Is she the legal owner and entitled to do as she wishes with the hoouse and land?
Another issue has arisen in that some of the land is being sold to the council. Both capital gains tax and inheritance tax has to be paid on this by each child before the money is released, is this correct? The daughter was originally led to believe by the solicitor that she would receive some money from the sale of the land. However, the solicitor has now informed her that she will in fact not receive any money from the sale of the land and the money will only be divided amongst the children equally, is this correct?
The children feel that this is unfair on the daughter (their mother) and have talked about giving the money back to the daughter (their mother). Is it best to go through the solicitors with this or for each child to take their portion of the money and give it to the daughter (their mother) without involving solicitors?
(the children are grown-ups)
I know that this is very complicated but any advice would be really appreciated, thanks.
 
Its not complicated. She had a life interest only in the property with the remainder on her death to go to her children. She is entitled to the use of the property only until her death. Nothing can happen to the property without her consent. She does not appear to understand her own position. If she is unhappy with what her solicitor has told her, she should talk to a solicitor who can clearly explain her position to her.

Because of CAT ( tax) thresholds, she and her family should take proper tax advice about how best to re-distribute any proceeds of sale. It is inadvisable to do this on their own unless they are very clear about CAT.

mf
 
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