No will looking for first registration

G

gt500

Guest
My Father died in 1969, my mother died in 2001 both died without leaving a will the last registered owner on the land was my Granfather. 2 of my brothers are looking to apply for first registeration. One built a new house on the farm in 1985 & our mother lived with him till her death in 2001. The other brother built his house the same year.

Basically 2 brothers have houses on the lad & 2 brothers are looking for sites that my brother is giving them when he has the land registered. They have been told about all the taxes Gift tax, inheritance tax & capital gains tax. 2 have signed away any rights to anything (I am one of them).

The problem is we had to change solictors due the the orignal one leaving with ill health he has put a junior on the case.We dont really understand what he is doing. We understand the 2 brothers paying the taxes when the receive the gift from my brother. But what have the 2 brothers to pay when they lived on the land before our mother died? He is talking about inheritance tax for them but they built the houses themself? One only lives on a half acre site the other will recieve the rest of land which is only 4 acres.
 
You need to trace/track ownership from Grandfather to date. The fact that change of ownership on everyones death was not dealt with by anyone does not make the tax/title issues go away.

Did GF make a will? If no, who was entitled to the estate? Your father, your mother? Neither of them appear to have made a will so trace ownership on intestacy rules. Its likely that the property can properly vest in all 6(?) offspring and 2 are disclaiming any interest. After that, 2 want sites, 1 will take 1/2 acre and 1 takes everything else. So that last person is taking more than everyone else. It does not matter that they built houses - did it never occur to anyone to sort the mess out when they were doing that? They are living in houses on land registered in someone elses name. That is where the potential tax issues arise.

Why not ask the solicitor to write to you breaking the transaction down into stages so that everyone is clear?

mf
 
Did GF make a will? No he did not make a will either he has no surving siblings. W
 
Did GF make a will? No he did not make a will either he has no surving siblings. We do have an orignal deed with his name on it but no other transfer since. All his siblings left the farm & my father remained there farming it.
The solictor seeked advice from another solictor on what to do he said the best thing was to apply for first registeration but he was to look in to all the taxes again. I just wanted to make sure he was right in what is saying about taxes.
They built the houses without any mortage, our father died when we were quit young so we didnt really ask the question to my mother about the will he was only a relised the situation when she died unfortunately.