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Ask Clare Your Own Question
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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My parents were ordered by the courts to sell there

Resolved Question:

My parents were ordered by the courts to sell there properties during divorce proceedings. My mother and I are joint Tenants on my property. My father paid her 25% of the equity and told his solicitor that I was to be the benificory and the property was to be transferred into my name. His solicitor changed it to his name. She said that it was because I was not a party in the court proceedings. Is this correct?
Submitted: 8 months ago.
Category: Family Law
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

What did the Order actually say?

Customer: replied 8 months ago.
The Order says that my mother will transfer her 50% legal and benefit interest to my father. The reason why i have raised this with my fathers solicitor is because he has recently been diagnosed with critical cancer. I am to inherit his entire estate and therefore will pay inheritance tax in his interest. We told the soliticor before the order that my father consented to put the benefit of interest in my name. She is saying that the My father had to be he beneficery
Expert:  Clare replied 8 months ago.

Would your mother have objected?

Customer: replied 8 months ago.
No. The solicitors response was the court can only make an order to the parties in the case i.e my mother and father
Expert:  Clare replied 8 months ago.

Ah I see

Would you have been willing to pay Stamp Duty?

Customer: replied 8 months ago.
The property has not been sold. My mother is liable to pay CGT if it's sold.Yes I would have paid the stamp duty if applicable
Customer: replied 8 months ago.
Can a court make an order for the benefit to between only parties involved?
Expert:  Clare replied 8 months ago.

Yes the Order was made between the parties - but if they both agreed your name could have been substituted - although Stamp Duty would then have been payable.

I am not sure why the solicitor would not agree this if both your parents requested it and you should ask for a written explanation

Please ask if you need further details

Customer: replied 8 months ago.
Am I right in thinking that I would only pay Stsmp Duty upon the sale of my property?Does my father have case to sue his solicitor? Could he be compensated for loss of inheritance tax?
Expert:  Clare replied 8 months ago.

No I am afraid not.

If the property had been transferred into your name you would have had to pay Stamp Duty on THAT transaction because you are not the person named in the `Court Order.

Your father can complain that his wishes were not followed but he has no claim as he has no loss.

Customer: replied 8 months ago.
Would I have a legal case and be able sue my father solicitor after his death. I will be at a lose of £150000 in inheritance money
Expert:  Clare replied 7 months ago.

Again I am afraid not - they were not acting for you.

However there is no reason why your father cannot simply transfer his share into your name now

Customer: replied 7 months ago.
He is going to to do that. Will he have to pay inheritance tax?
Expert:  Clare replied 7 months ago.

Inheritance Tax is payable by the Estate of a person who has died.

If your father lives for a further seven years this gift to you will not attract IHT

Clare and other Family Law Specialists are ready to help you

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