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Where Taxpayers and Advisers Meet

RNRB query

Evolved
Posts:7
Joined:Tue Jul 26, 2016 3:24 pm
RNRB query

Postby Evolved » Sat Aug 29, 2020 1:03 pm

Guidance please. I own the house that me and my wife live in. We met and married late in life and she kept, and now lets out, a flat she owns. I have two sons. I propose the following wording in my will;
I GIVE my property xxxxxx aforesaid equally between my two sons
xxxxx and xxxxx provided always that my wife shall have a period of twelve months from the date of my
death to vacate the said property without payment of rent during that period and in
addition my wife shall be given the option during that period
to purchase the property at a price to be agreed between the said xxxxx xxxxx and my wife such agreed price to
ignore any legal fees agents fees and stamp duty payable on the purchase ------------------------

IN THE EVENT of any disagreement regarding the price to be paid for the property
then I instruct my executor to obtain two independent valuations and the agreed
price will be average of those valuations and this price will be binding on all parties -----------

Are there any problems with this please? I am aware that my wife will have the 3% extra SDLT to pay if she buys the property unless she sells the flat she owns.

Thank you for taking the time to consider this.

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: RNRB query

Postby maths » Sat Aug 29, 2020 7:20 pm

The property is inherited by the two sons under father's will. The RNRB is thus available re father's estate.

If mother exercises her option then in principle a CGT charge arises on part of each son (in practice unlikely to be any charge).

Evolved
Posts:7
Joined:Tue Jul 26, 2016 3:24 pm

Re: RNRB query

Postby Evolved » Thu Sep 03, 2020 12:39 pm

The property is inherited by the two sons under father's will. The RNRB is thus available re father's estate.

If mother exercises her option then in principle a CGT charge arises on part of each son (in practice unlikely to be any charge).
Thank you maths.My concern was that there might be an element of reservation created by me wanting my sons to give my wife the option to buy that could cause a problem.

I presume any CGT could arise from an increase in the value of the property between my date of death and sale to my wife.

This is my second marriage and my sons are from my first marriage so my current wife is not the mother; presumably this isn't an issue.


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