Published 26th February 2019; Updated April 2021
If you live outside the UK and have neither you nor recent ancestors came from the UK then this article applies to you. If you have recent ancestors (2 generations) who came from the UK, then this article may not help and you should take separate advice regarding your domicile. If you are UK tax resident then this article is not relevant to you.
There might be Inheritance Tax (IHT) to pay, and UK law sets out who inherits the property.
Many non-residents forget that who gets the UK property on the death of the owner is controlled by English Law.
NON-RESIDENTS: please note that the transfer of ownership will not be influenced by the law in your own country.
If you make an English Will, that determines ownership after your death.
If the UK property was owned jointly, the surviving joint owner automatically inherits the property.
But if this is not the case then:
1) If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £270,000, the partner will inherit:
2) If there are no surviving children, grandchildren or great-grandchildren, the partner will inherit:
This is only a simplified view of taxes and inheritance on death. You should not rely upon it when planning your own estate, but must take advice from a solicitor who is in possession of all the facts of your case. We cannot accept responsibility should you act or refrain from acting based on the foregoing rough notes which are intended only to alert you to the need to consult a UK solicitor.
This is VERY complicated. You are strongly advised to consult your UK solicitor and make an English Will.
The information contained in this newsletter is believed to be correct at the time of publication. The content of this newsletter is intended to be a brief summary of the principal points of the legislation or proposed legislation only, and it is provided for general guidance only. It may not take into account subsequent changes in the law and of necessity it omits much detail. Taxation is a complicated subject and is subject to change. You should only rely on advice prepared specifically for you. Neither the writer nor Landlords Tax Services Ltd can be held liable for any loss arising from any act or omission by you as a result of your understanding of this article. If the subject matter is of interest you should contact us to see if there is a relevant update, and to take professional advice which takes into account your circumstances.
Landlords Tax Services Ltd, specialises in the taxation of residential property income and gains and more than half its clients are resident outside the UK. If you would like specialist help contact Maurice Patry F.C.A .at email@example.com or for more information visit our website at Landlords Tax Services Ltd.
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. All Rights Reserved - In an article such as the one on this page we can only give brief general guidance and cannot cover all situations. This guidance may not cover all your personal circumstances and so you should not rely on it. Before taking action or not, always do your own specific research and seek appropriate professional advice which takes into account your personal circumstances, with the full facts of the case and all documents to hand. Neither Maurice Patry F.C.A. nor Landlords Tax Services Ltd can be held responsible for the consequences of any action or the consequences of deciding not to act.