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Where Taxpayers and Advisers Meet

House valuation

EllenEllen80
Posts:4
Joined:Sun Feb 28, 2021 2:47 pm
House valuation

Postby EllenEllen80 » Sun Feb 28, 2021 3:13 pm

I wonder if anyone has ever experience anything like this. My partner suddenly died, we bought a house as tenants in common . We thought that there was no will , so I as his partner started sorting the estate out. I had the house valued by 3different estate agents coming in around the same price. I am now trying to buy his son share as a will was found leaving it to his son. I have a case the inheritance act 1975 , nothing as been sorted and the excutors fail to give information and will be going to court . They keep saying the house is worth a lot me, Does it go by the passing of the deceased, as probate they said 350,000, 3 years later and keep arguing it’s worth more, knowing that if it’s far more I can’t buy his sons share

pawncob
Posts:5099
Joined:Wed Aug 06, 2008 4:06 pm
Location:West Sussex

Re: House valuation

Postby pawncob » Sun Feb 28, 2021 8:30 pm

As a "partner" you have no legal rights to the property, unless you're joint tenants, and you have no right to deal with the estate.
https://www.charcol.co.uk/guides/tenants-in-common/
With a pinch of salt take what I say, but don't exceed your RDA

EllenEllen80
Posts:4
Joined:Sun Feb 28, 2021 2:47 pm

Re: House valuation

Postby EllenEllen80 » Mon Mar 01, 2021 4:40 pm

We have a joint mortgage on the property, and I am paying the mortgage, it’s More the fact the valuation on the house , the valuation was done by 3 estate agents , and the excutor coming back over3 years later, wanted other, as the property has gone up but not a hundred grand and the property has had nothing done for 3 years?

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

Re: House valuation

Postby maths » Mon Mar 01, 2021 5:05 pm

I'm not sure I fully understand the post.

On death it seems the deceased's interest in the house was left by will to the deceased's son. You also have an interest in the property.

On death the deceased's interest is valued for IHT purposes (probate value).

If you wish to buy the son's inherited interest then you will have to pay today's market value (unless he agrees a lower price) of the house at the date you strike a deal with the son. The probate value, from three years ago, is irrelevant for this purpose.

You refer to the 1975 Act. This is only relevant if the court awards you, say, the interest in the home to you and not the son.

EllenEllen80
Posts:4
Joined:Sun Feb 28, 2021 2:47 pm

Re: House valuation

Postby EllenEllen80 » Mon Mar 01, 2021 5:20 pm

Thankyou for your comments, it’s more the house valuation I’m worried about, I have a claim as was being maintained and a child, but like you say it will be up to the court.

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

Re: House valuation

Postby maths » Mon Mar 01, 2021 5:26 pm

It's difficult to see how you can buy your partner's interest in the house for less than market value.

If you're on speaking terms with the son probably the best bet is to try and speak to him and negotiate with him, ignoring the executors.

EllenEllen80
Posts:4
Joined:Sun Feb 28, 2021 2:47 pm

Re: House valuation

Postby EllenEllen80 » Mon Mar 01, 2021 10:14 pm

Yes I’m going to do that , but when they are young and they see money coming , it’s that’s mine . I want ! Yes he is entitled to some thing , but he is not having it all. Sad when it just that !


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