Dave Smith
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Stamp Duty: first time buyer status, property in probate?
I am the executor of an estate that is intestate since there was no will left by the deceased. The estate comprises a number of assets including a property, value around £220K. The property will be sold without change of ownership to any of the beneficiaries if the estate (i.e. it is still registered in the deceased's name and will be sold as such through the estate by the executor). The estate will then be divided as monetary assets equally to the beneficiaries as per the rules of intestacy. One of the beneficiaries of the estate is an individual that has never owned a property and is looking at purchasing a property for the first time next year. Because the estate includes a property that will be sold, will this still affect the individual's status as a first time buyer for stamp duty purposes, even though they will not have taken any interest in the property and will only receive a monetary share of the residual estate? I understand if they were left the property as a gift in a will, that this will affect the first time buyer status. But how did this apply to an intestate estate where no-one if the beneficiaries will be registered against the deeds of the property? thank you