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Buachaill
Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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my sister who is the executor of my mothers will, there is

Customer Question

my sister who is the executor of my mothers will, there is the house and a farm, in the will my mother left the farm to myself and my brother for which is no tax due but there is tax due on the house which is left to my sister's.
both the house and farm are on the draft of the will,she has been adviced by her solicitor not hand over to me and my brother until the house is sold and taxes are payed, i'm concern that if the house does not generate enough cash when sold will that the tax man take the farm as part payment , is what she is does correct
or is my brother and me entitled to farm now this has been going for 5 years now
the property and farm are northern ireland
Submitted: 3 years ago.
Category: Property Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.

I'm ok with waiting for your answer when you are ready


 


Michael

Expert:  Nicola-mod replied 3 years ago.
Hello Michael,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Buachaill replied 3 years ago.
1. Dear Michael, at the outset, you need to realise that an executor, such as your sister has only got a period of one year, known as the executor's year, within which to administer the estate. After that period, the executor can be replaced and someone else appointed in their stead to administer the estate and divide out the estate. Here as five years has gone past, there has been serious prejudice to all of the beneficiaries, including you, so you will get an order from the court removing your sister as executor for the asking for it. accordingly, the first step you should take here is to remove your sister as executor has she has failed to carry out her job as executrix of the will. this will avoid the current impasse where your sister is effectively putting the dead hand on your inheritance.
2. Secondly, it is the estate which pays the inheritance tax, but the amount of tax payable is determined separately in respect of each beneficiary. Here, there is clearly no tax payable on the agricultural land being given to you and your brother. Accordingly, there is no need to await the sale of the house to put that land in your name and your brothers. This is because the Inheritance TAx liability is payable separately by your sister on the house independent of the gift to you of the land. So you should get yourself a solicitor and get court proceeding issued to remove your sister as executrix and get either your self or your brother appointed to finish the process of administering the estate. Otherwise the passage of time might mean your entitlements will be prejudiced. so you should not let this happen.

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