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Posted Wed, 05 Jun 2024 07:43:43 GMT by Dunford1990
Hi Our Father passed away and in his will he left his house to his 4 children (Myself, my Sister and my 2 Brother’s). Myself and my elder Brother were the executors and trustees of his will with the 4 of us being beneficiaries in equal share. At the time of probate (2021), his house was valued at £300,000, it was later sold for £420,000 in 2022 within the 21/22 tax year. When accounting for the capital gains on the £120,000 gain, it’s not clear at what value the tax free allowance should be. At the time, we used the full £12,300 tax free allowance however, after speaking to a friend from a similar situation, we wanted to confirm that we accounted for it correctly. Please could you let us know whether the tax free allowance should be: 1) We should be entitled to the full £12,300 tax free allowance as we accounted for at the time; 2) Half of the tax free allowance (£6,150) because we are part of a trust; or, 3) 4 times the tax free allowance because there are 4 of us and we are all equal beneficiaries of the trust so it should be seen as a bare trust. Please could you let us know so that we can make sure that we accounted for it correctly. Thanks
Posted Fri, 07 Jun 2024 10:26:34 GMT by HMRC Admin 25
Hi Dunford1990,
Please refer to guidance here:
Dealing with the estate of someone who's died
Thank you. 

 

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