AJC428 Church
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How does a constructive trust work with CGT?
My sister and I are executors of our mother’s last will and testament. In February 2021, after my mother’s illness was diagnosed as terminal, she transferred the deeds of her house to my sister (I don’t live in the UK so was not available to sign papers),entrusting my sister as own the property on paper while my mother continued to live there as the only beneficiary, and expected the house to be considered part of the estate when she passed away (I.e., divided with the other assets, as described in her will). This was verbally agreed and written down and is not in dispute, but documented by us and not a solicitor. As my mother deteriorated my sister spent most of her time looking after my mother and my mother’s house became her primary residence for about 9 months, before my mother passed away in mid-March 2022. The house has increased in value from February 2021 to March 2022 and again now, when we are finally able to sell in August 2024 (hopefully). My questions are: - Is CGT split between my sister and me? - Is CGT for both of us calculated from the date of our mother’s death (the value recorded in IHT forms)? - If we are still able to claim any exception allowance after so long, which yearly allowance would be valid, and would it be for one or both?