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Where Taxpayers and Advisers Meet

Inheritance of overseas land

aadt66
Posts:10
Joined:Wed Aug 06, 2008 3:08 pm
Inheritance of overseas land

Postby aadt66 » Thu Mar 10, 2022 11:20 am

in 1928 a young Czech lawyer seeking safety bought a bond. In 1938 a plot of land was allocated to her in Israel but there is no record of her ever knowing about this. We strongly suspect the bond related to the land. She came to the UK. Following her death all of his assets passed to her spouse (A) he remarried and on his death his assets passed to his spouse (B). So we have a series of interspousal transfers on death none of which I assume give rise to IHT. The land is not listed in any probate. B left her estate to an adopted son and a cousin. Throughout this period the existence of the land was not known so no value was given to it during any probate.
In 2021 the family were contacted through official channels and notified of the right to the land. Three main questions now arise:

1) how to value the land for CGT purposes. No value ever having been attributed in any documentation?
2) Is it necessary to reopen the probate of the last deceased who died in 2016?
2) What value is applicable in the Probate?

Thoughts welcomed

AGoodman
Posts:1745
Joined:Fri May 16, 2014 3:47 pm

Re: Inheritance of overseas land

Postby AGoodman » Thu Mar 10, 2022 11:55 am

For UK CGT, the base cost would be the market value on the later of B's death (2016?) or 1982

As this is land in Israel, you will need Israeli advice on how to prove title.

The probate value would be the mkt value of the land in 2016, reduced by the costs of proving title and recovering the land.

There should not be an obligation to pay tax on the additional asset if you submitted an IHT400 on the estate and the process was completed but I suspect (but don't know) there might still be a duty to report. Others can confirm.

aadt66
Posts:10
Joined:Wed Aug 06, 2008 3:08 pm

Re: Inheritance of overseas land

Postby aadt66 » Fri Mar 11, 2022 10:14 am

Thanks for your thoughts. Awaiting Probate Registry response. Will post when received.


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