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Posted Fri, 15 Mar 2024 09:24:22 GMT by Sharon
My mother died July 2023 and she left her house and estate to her 3 daughters. For probate an estate agent valued the house at £250k, and we submitted this value for Probate. There was no IHT as the total value of the estate was below the allowance. Probate was subsequently granted in December 2023. When putting the property on the market, different estate agents valued the property at over £300K and we have subsequently agreed a sale at £302,500. I believe we may be liable for CGT. The question is: As an Executor and a beneficiary (I am also one of the daughters) do I have to do a Deed of Appropriation first so that when the house sale completes the 3 sisters all get an equal share and we pay our own CGT if applicable? or does the Executor have to pay it BEFORE the monies are divided up? Obviously if each sister pays the CGT themselves then it saves us some money, that is if we do have to pay CGT. We are all basic rate taxpayers. I am asking this as I am getting differing information from various people.
Posted Thu, 21 Mar 2024 09:15:12 GMT by HMRC Admin 25 Response
Hi Sharon,
If you wish all 3 sisters to declare their share, the deed of appropriation must be done/signed before the exchange of contracts for the property.
If not done, then there will only be 1 capital gains allowance granted on the gain for the balance to then be allocated to the beneficiaries.
HMRC cannot advice which option to choose as this is financial advise which we are not authorised to give.
Thank you. 

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