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Posted Tue, 30 Jul 2024 11:34:29 GMT by Jan25
Can I use fee charged by Solicitor for gaining Probate, so that I could sell my late mother's house, as a deductible acquisition expenditure for CGT purposes ?
Posted Fri, 02 Aug 2024 11:14:19 GMT by HMRC Admin 20 Response
Hi,
No.  
The expenditure must have been incurred wholly and exclusively for the purposes of the acquisition or disposal and propbate does not meet this criteria.
Thank you.
Posted Sun, 04 Aug 2024 07:48:02 GMT by Jan25
Without probate myself and my brother, who are co -executors and co- beneficiary , can't sell the house so why is it not classed as acquisition? I have read in a reply by HMRC to someone else on this site that a solicitor's fee for probate is allowable, I just wanted to double check .I have the solicitor's bill for the probate.
Posted Wed, 07 Aug 2024 12:50:26 GMT by HMRC Admin 19 Response
Hi,

You can see guidance here:

CG15250 - Expenditure: incidental costs of acquisition and disposal

Thank you.

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