What To Do When You Inherit A Property

What to Do When You Inherit a Property in the UK

While inheriting a property may come with sentimental value, it also brings important financial and legal considerations. Understanding your options will help you make the right decision for your circumstances.

To guide you through the process, we’ve outlined key considerations when inheriting a property, including your choices, tax implications, and legal steps.

Exploring Your Options

After inheriting a property, you’ll need to decide what to do with it. Here are three primary options:

1. Sell the Property

Selling the property can provide financial benefits, particularly if you do not wish to maintain it. However, before listing it on the market, consider factors such as its condition, potential renovations, and any outstanding mortgage payments. If the property requires significant repairs, investing in improvements before selling may increase its value.

2. Rent It Out

If you’re not ready to sell but don’t want the property to sit vacant, renting it out is an option. This can generate an additional income stream, though it does come with responsibilities such as property management, maintenance, and tax obligations. Ensuring the home is in good condition before renting will help attract tenants and secure a steady rental income.

3. Move In Yourself

If you have an emotional connection to the home, moving in may be a meaningful choice. This option allows you to retain the property within the family while making any renovations to suit your lifestyle. However, consider ongoing costs, such as mortgage repayments, maintenance, and council tax.

Inheriting with Other Beneficiaries

If you inherit a property with others, decisions must be made collectively. It’s important to communicate openly and consider everyone’s preferences. Common solutions include:

  • Selling the property and dividing the proceeds among beneficiaries.

  • One person buys out the others’ shares if they wish to retain the property.

  • Renting the property and sharing the income, which could be a short-term solution until a final decision is reached.

If an agreement cannot be reached, seeking professional legal advice may help resolve disputes and outline the best course of action.

Managing an Inherited Mortgage

If the property has an outstanding mortgage, you must determine how to manage it. Options include:

  • Paying off the mortgage using the deceased’s estate, if funds are available.

  • Selling the property and using the proceeds to clear the mortgage.

  • Taking over the mortgage payments yourself, assuming this is financially viable.

If the deceased had life insurance, any payout could be used to cover the mortgage balance. Speaking to an advisor can help clarify the best approach.

Understanding Tax Implications

When inheriting a property in the UK, it’s crucial to consider the tax implications:

1. Capital Gains Tax

If you sell the property for more than its market value at the time of inheritance, you may be liable for Capital Gains Tax. The amount owed depends on various factors, including tax allowances and personal circumstances.

2. Inheritance Tax 

The estate of the deceased may be subject to Inheritance Tax, which is generally paid before assets are distributed. The property cannot be sold until any Inheritance Tax owed is settled.

3. Income Tax on Rental Earnings

If you choose to rent out the property, any rental income must be declared, and Income Tax may be due. You can apply for a £1,000 property allowance, meaning the first £1,000 of rental income is tax-free each year.

Transferring Ownership

If you decide to transfer the property to another individual, here’s an overview of the process:

1. Obtain Ownership

  • Apply for probate, which grants the legal right to transfer the property.

  • Complete the necessary inheritance tax forms.

  • Submit your application to the Probate Registry, along with an official death certificate.

2. Complete the Transfer Process

  • Fill out the AP1 Form to update ownership records with HM Land Registry.

  • Submit the TR1 Form, which officially transfers the property title.

  • Provide an ID1 Form to verify your identity, which must be signed by a solicitor or conveyancer.

  • Send all completed forms to HM Land Registry for processing.

The transfer process typically takes 5-6 weeks. Seeking legal guidance can help ensure all paperwork is completed correctly and efficiently.

Making an Informed Decision

Inheriting a property involves a mix of emotions and responsibilities. Whether you choose to sell, rent, or live in the home, understanding the financial and legal considerations will help you make an informed decision. Consulting with legal and financial professionals can provide clarity, ensuring you navigate the process smoothly and in your best interests.

This blog is intended as an informative piece and should not be construed as blanket advice.