I posted previously re need to get estate dispersed within 2 yrs of DOD as couldn't locate info on this & answers to post appears to say no issue with 2 years +.
Solicitor has now informed us that we may need to get a Deed of Family Arrangement in place prior to the 2 years of DOD for tax efficiency.
No Will - Cash & 2 Properties. (4 beneficiaries 2 of whom are administrators)
Only gone through Probate and Revenue in recent weeks so only now progressing marketing properties.
Very difficult family situation so not possible to progress sales prior to this and due to very complex relationships I understood property would have to be sold on open mkt. Yes legally we could have moved on but this was not an option here.
Now transpires that Solicitor ok with sales to family members of both properties (Solr prob knows the deceased wanted props retained but a WILL was not an option).
So in the unlikely event that private sale with the 4 beneficiaries can be agreed and a deed of family arrangement put in place i) how does this assist in keeping tax (stamps duty / CGT & CAT) lower than if we didn't have Deed of Arrangement in place ii) is this deed legally binding - can it be challenged by a beneficiary even though they will be signing it.
Also Revenue stated that the beneficiaries are treated as succeeding as at date of death..... it is like that Valuation on both properties have increased since date of death.... also due to location / demand / lack of stock in both particular areas there is a possibility that one of the properties could far exceed even a current valuation.
2 years is very near !!
Helpful advise appreciated no advise on what we could have done...... just want advise on moving forward - thank you.
Solicitor has now informed us that we may need to get a Deed of Family Arrangement in place prior to the 2 years of DOD for tax efficiency.
No Will - Cash & 2 Properties. (4 beneficiaries 2 of whom are administrators)
Only gone through Probate and Revenue in recent weeks so only now progressing marketing properties.
Very difficult family situation so not possible to progress sales prior to this and due to very complex relationships I understood property would have to be sold on open mkt. Yes legally we could have moved on but this was not an option here.
Now transpires that Solicitor ok with sales to family members of both properties (Solr prob knows the deceased wanted props retained but a WILL was not an option).
So in the unlikely event that private sale with the 4 beneficiaries can be agreed and a deed of family arrangement put in place i) how does this assist in keeping tax (stamps duty / CGT & CAT) lower than if we didn't have Deed of Arrangement in place ii) is this deed legally binding - can it be challenged by a beneficiary even though they will be signing it.
Also Revenue stated that the beneficiaries are treated as succeeding as at date of death..... it is like that Valuation on both properties have increased since date of death.... also due to location / demand / lack of stock in both particular areas there is a possibility that one of the properties could far exceed even a current valuation.
2 years is very near !!
Helpful advise appreciated no advise on what we could have done...... just want advise on moving forward - thank you.