Family dispute incoming

Soldato
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I'm not sure that matters if the house owner lives longer than 7 years after giving the gift?
Sadly gifts with reservation can’t have the seven year rule applied. And if you’re not paying rent to live in the house after you give it away then it’s a gift with reservation unless you’ve used some sort of trust.
 
Soldato
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I'm not sure that matters if the house owner lives longer than 7 years after giving the gift?
As bigT says, seven year rule only applies to a true "gift" and HMRC don't consider you living in the property rent-free to qualify as a gift, it's just an attempt at tax evasion

You can put it in a trust but that costs either 20% upfront or 6% setup, every 10 years and another 6% to close it (to get the funds out again), so you could end up paying more than iht
 
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Soldato
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@potatolord It sounds like an awkward conversation to have, but I understand why you feel the need to have it.

I think using this thread to voice your concerns and let off some steam is a good idea before speaking to mum about it.

Do come back and update the thread with the outcome, if you don't mind.
It’s like some people in this thread don’t know what communication is, and voicing their feelings to get advice.

That and a bunch of people sitting their high horses comfortable, telling others not to care about their mom, lying to them.

This sort of thing naturally makes someone feel like they are being treated differently, that’s a natural human reaction as I said earlier in the thread.
 
Soldato
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If she argues, I'll tell HMRC. I think they would be interested in all the extra income.
People can gift money to whom they like. There could be IHT due if they die within 7 years but it will come from the estate, not from her. The money is gone and your revenge idea is stupid.
 
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Soldato
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People can gift money to whom they like. There could be IHT due if they die within 7 years but it will come from the estate, not from her. The money is gone and your revenge idea is stupid.
Yes, if its a "gift". However, she has been "earning" said funds by doing things like cleaning and looking after siblings. (Not real work, but they justified it as such) and was all paid via BT of which she declared NONE of it.

See, helps to know the whole story eh?
 
Soldato
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Yes, if its a "gift". However, she has been "earning" said funds by doing things like cleaning and looking after siblings. (Not real work, but they justified it as such) and was all paid via BT of which she declared NONE of it.

See, helps to know the whole story eh?
Not really, she does not need to declare gifts at all. Good luck proving to HMRC it was payment for 'work'.
 
Soldato
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Not really, she does not need to declare gifts at all. Good luck proving to HMRC it was payment for 'work'.
I've got access to all the emails and text's ;)

However, it was more of a sarcastic threat to be fair. I wouldn't actually do it. I'd love for her to audited though, would be highly entertaining.
 
Man of Honour
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That's not legal, unless it's been put in to a trust and you've already paid the tax on that. If you gift your main residence to your kids but still live in it then it would be included in IHT,l unless you pay your kids rent at market value.;
I'm pretty sure there's a similar rule for care assessment too.

Gift with a reservation of benefit​

There are some exceptions to this rule. If you retain an interest in the property – for example, you continue to live in the home rent-free – then you are making a “Gift With a Reservation of Benefit.” HMRC will not recognise a gift with a reservation of benefit and the property will be included in the estate when calculating the IHT bill.
For a gift to be treated as a genuine gift, you must leave your home forever (as if you had sold it) or pay market rent (in which case your child will have to pay income tax on the rent they receive).

You'd have to talk to the wife because I don't do money.
Both my daughters deal with money every day and advise people and what we've done is what it is.
I do know it's in a Trust and we had to pay a fair bit.
 
Soldato
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I've got access to all the emails and text's ;)

However, it was more of a sarcastic threat to be fair. I wouldn't actually do it. I'd love for her to audited though, would be highly entertaining.
Not even a threat though is it, just some imaginary scenario in your head. The money is gone and asking lawyers to claw it back out of her inheritance is just a non starter.
 
Man of Honour
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Slightly of topic, but this is really where parents really need to take some responsibility and sit down with the kids and have a family meeting explaining what the assets are, whats in thier wills, and why (if) some are getting more than others.

Quite surprised nobody has replied "but you have no rights to know what your parents are doing with their money" brigade spouting their crap :)
 
Soldato
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Well, I've just found out my mum gave my sister a free house, which is worth £300k at least. It was a holiday home my folks bought 20 odd years back.

My sister had been living there, rent-free, since about 2009. I've had a few conversations with my mum since then where she has told me (lied!) that she still owned it.

My auntie dropped some very heavy hints earlier this week that my sister now owned it. I checked land registry today and have found out my mum gave it to her in 2021, at a ridiculously low valuation.

I'm both angry and sad that my mum has lied to my face, on multiple occasions.

I'm fuming about the money, but sickened that my mum has been lying to me, for years. I don't feel like i can ever trust her again after this.

I'm dreading the conversation- absolutely dreading it. It feels like it could go so badly that it might be a relationship ender with my mum, but I cannot avoid talking about it.

Does anyone have any useful advice on how I could approach that conversation?

Did you know it's illegal to under-value a house? It's called tax-evasion. I am actually surprised that the solicitor didn't report them, they are duty bound to do so.

Anyway, to the important stuff.

It wasn't your house or your decision what to do with it, and raising it with your mum will not get you anywhere, other than possibly ruining your relationship with her. You can tell her you are disappointed with her decision, but beyond that it's a pointless discussion. Best to just say that one thing and then move on.

By the way, my parents did that too. They left everything to one of four siblings. Yeah, it's *****, but nothing you can do. They have their reasons, even if you don't understand them.
 
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Associate
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Did you know it's illegal to under-value a house? It's called tax-evasion. I am actually surprised that the solicitor didn't report them, they are duty bound to do so.
Selling a house below market value to a relative is perfectly fine and happens all the time. We have no reason to believe their conveyancer didn't help them through this process and take care of any required formalities (e.g. CGT mentioned previously).
 
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