Peter Gay

* Mother and father buy a house in 1991 under a joint tenancy agreement.
 * Mother and father marry in 1992.
 * Have single child in 1998.
 * Mother and father divorce in 2005, father buys out mother's share of the house, mother never returns to the house and makes no further contributions. There was no formal agreement to this arrangement since it was amicable.
 * Father diagnosed with leukaemia in 2021, late 2023 prognosis was not optimistic. Father makes a will leaving his entire estate to son.
 * However the deeds of the house were never changed to reflect father’s sole ownership post divorce.
 * It was agreed between father and mother that mother be removed from the deeds.
 * Before removal from deeds could happen father passes. Title passed to mother under survivorship rule of joint tenancy.
 * Mother does not contest father's will and intentions, and agrees the joint tenancy had been severed by mutual conduct.
 * The approx value of the estate is £420k including the house valued at £240k.
 * Mother and son want to amicably resolve this oversight so the son can have the full financial benefit of his father’s estate with no inheritance or capital gains liability. Solicitor advises; as parents did not deal with the transfer of property at the time of divorce, a retrospective Declaration of Trust for the beneficiaries of father’s estate and mother to sign. The declaration confirms that from 2005, the beneficial interest (ie equity/cash) in the property was held as to 100% to father and 0% to mother. As such, father’s beneficial interest passes in accordance with his Will to son. 

However the solicitor stated that the declaration will be subject to HMRC approval to confirm no CGT liability for mother on sale of the house. My questions: 1. Can I seek pre clearance on the declaration of trust and if so how? 2. Given that this happened 20 years ago with no formal agreement does HMRC require evidence of the arrangement if so what… ?