Inheriting Property

Inheriting property is not straightforward. Whether you are selling inherited property, renting it out, or living in it, various decisions will need to be made, all of which must be informed by property inheritance law. For example, there will be tax implications to deal with, alongside making sure that the correct people are named in contracts that have the necessary authority to deal with the property. Read on to discover what else you should know property inheritance law.

Property Inheritance Law – Points to Note:

• The property could have been held under a ‘joint tenancy’, meaning that the surviving owner will automatically inherit the property’s freehold.
• If the property was owned with another person as “tenants in common”, then the terms of their will(s) determine who inherits it.
• If there is no will, who inherits the property is subject to the laws of intestacy.
• If you already own a home and also decide to keep the house you inherited, you’ll need to decide which property is your main residence, as you can only have relief from capital gains tax for your main home.
• If you inherit a property that has a tenant, you become the landlord. With that come responsibilities, as the tenant has legal rights, which will need to be considered if you decide to sell the property.
• It is possible that other people will share an interest in the property either through bequests in the will or a lifetime trust.
• It is also possible that someone might challenge the will and claim an entitlement against the estate by bringing an Inheritance Act claim.

This is not an exhaustive list and, with so much to consider, you should always seek the guidance of a property inheritance law solicitor. Newtons Solicitors are here to help – please feel free to contact us to learn more about wills and their importance when it comes to property inheritance law.

Property Inheritance Law at Newtons Solicitors

Our property inheritance law team will guide you through the complexities of transferring ownership of property following a death, particularly if:

• you have inherited your family home;
• you are acting as a personal representative;
• you are a beneficiary and wish to keep a property gifted to you, or if it needs to be sold; or
• you think there might be a claim against the estate.

For advice regarding inheriting property and the complexities of property inheritance law, contact us today.