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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am a joint executor and trustee of my mothers will, and my

Resolved Question:

I am a joint executor and trustee of my mothers will, and my half brother is currently dealing with probate on our behalf. I have been left her residence in her will. I understand that we are waiting for the certificate from the HMRC, at what point will i be able to transfer the property into my name and what are those next steps?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** I shall do my best to help you.As soon as Probate is Granted then the Executors can sign an AS1 transferring the propertyhttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/446721/AS1.pdfwhich can then be Registered at the Land Registry.I hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
thank you so much claire. i have previously spoken to someone about the issue I have with my half brother - the other trustee and executor and his anger at the residence being left to myself. as he is dealing with the probable, he can't put the house in his name, if it isn't left to him in the will? please can you confirm? many thanks again for your help.
Expert:  Clare replied 1 year ago.
Are you actually part of the applictaion for Probate?
Customer: replied 1 year ago.
I'm not sure. I would think he was just filling in the form on our behalf. My concern and I previously spoke to someone else about this, is he is unhappy that my mum has left me her house. I want to make sure that he can't change anything or make me go against her wishes as he has already tried some emotional blackmail so far so any advice would be great.The house being left to me is very clear in her will which was made and witnessed at her Scolisitor.
Expert:  Clare replied 1 year ago.
He is not able to go against the wording of the Will unless he makes a formal legal challenge so there should be no problem
Customer: replied 1 year ago.
thank you claire. that does help me.many thanks
Expert:  Clare replied 1 year ago.
You are most welcome
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
hi claire i'll rate you now but would you also be able to help me with a few more questions or should i start a new thread? i wondered if i were to rent out the property as this would be classed as my second home (i have a shared ownership flat in london where i live) what would I be taxed on the rental revenue?
Expert:  Clare replied 1 year ago.
You will be taxed on any profit at the rate appropriate to your total income

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