How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33307
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

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: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 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 2 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice