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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34131
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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An aunt left a house worth £100,000 to my brother and I in

Customer Question

An aunt left a house worth £100,000 to my brother and I in her will, she died on the 5th November 2012.

• My brother is handling the probate, and acting as the executer.
• Normally that would have meant a 50-50 split upon selling the house.
• However, my brother`s daughter wanted to buy the house, and my brother has spent £32,000 on modernising the house for her.
• To avoid his daughter having to pay stamp duty, he wants us both to sell the house to her for £125,000.
• She has had her mortgage granted and she has a solicitor ready to buy the house for her.
• I have appointed a solicitor to act for me in selling my half share of the original value (£100,000) which of course will be £50,000.
• My brother now needs to find a solicitor to act for him in selling his share of the house.

The Problem:-

• My brother is insisting that he and I must have the same solicitor.
• Saying that I should arrange for my solicitor to act for both of us, or otherwise he would need to find a solicitor who would
• act for both of us.
• He says that it cannot be done with using two separate solicitors.

I am happy to sell my share to his daughter for £50,000.
She has a solicitor and so do I.

• It`s no longer a 50-50 split, as my brother has spent £32,000 improving the house etc.,
• It all sounds complicated now, especially this thing about selling it at £125,000 to avoid stamp duty.
• Therefore I don`t really want my brother to use the same solicitor as me.

My Question:-

In order for his daughter to buy the house off us:

• Must I use the same solicitor as my brother, or can we each have a separate solicitor?

Regards

Mary
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello Mary,

You and your brother may use the same solicitor or different solicitors, that is your choice although having the same solicitor to act for both of you will make the sale process smoother and quicker.

However, please note that it is an offence to unlawfully evade or avoid stamp duty.

Hope this helps
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
You cannot have separate solicitors I am afraid - one solicitor will have to deal with the sale of the property AS A WHOLE
You have not said whether or not the property has already been transferred into the names of yourself and your brother
If it has not then it is your brother, acting as Executor, who chooses the solicitor
There is no cause for concern in this as it appears that you and your brother have a greed that you will receive the first £50,000 of the monies and he will receive the rest
This is dealt with by you both writing to the solicitor with the same instructions
Please ask if you need further details
Clare

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