How to help secure the future of your property portfolio with James Legal

13 Jun 2023

Passing on property portfolios after death involves navigating specific legal procedures and considerations. Whether you own a diverse range of properties or have invested in a few buy-to-let units, understanding estate planning will be helpful to ensure a smooth transfer of assets to your beneficiaries. This article, brought to you by James Legal Solicitors, aims to shed light on the process of passing on property portfolios in the UK and provide guidance for effective estate planning.

Make a Will

One of the most important steps in passing on property portfolios in the UK is creating a valid and up-to-date will. A will outlines your wishes regarding the distribution of your assets after death, including your property portfolio. It allows you to appoint executors who will oversee the administration of your estate and ensures your assets are distributed in accordance with your wishes.

Obtain Professional Advice

Seeking professional advice from a solicitor is highly recommended. They can provide guidance tailored to your specific circumstances. They will help you understand tax implications and explore any tax reliefs available. If you have a business, you could look to include provisions which ensure that a person that you trust takes control of your business when you die or provides instructions on how it should be wound down.

Inheritance Tax Considerations

Inheritance tax (IHT) may be payable on the value of your property portfolio upon your death. It is important to consider your estate's potential IHT liability and you may want to speak with Financial Advisor who can provide tailored advice on mitigating IHT such as gifting properties during your lifetime or setting up trusts which can help reduce the IHT burden on your beneficiaries.

Grant of Probate

The process of administering an estate typically involves obtaining a Grant of Probate. This legal document confirms the authority of the executor to distribute the assets, including the property portfolio, as outlined in the will. The executor will need to apply to the Probate Registry, providing necessary documentation and paying any required fees.

Valuation of Property Portfolio

As part of the estate administration process, the property portfolio will need to be valued. It is advisable to engage a qualified surveyor or estate agent to assess the market value of each property. This valuation is necessary for calculating any potential capital gains tax or inheritance tax liabilities.

Transferring Ownership

Once all legal requirements are met, and tax has been paid the transfer of property ownership can take place. The executor will need to distribute the assets including the portfolio, this can include updating property deeds, notifying mortgage lenders, and transferring rental agreements.

Consider Capital Gains Tax

In some cases, the transfer of a property portfolio after death may trigger capital gains tax (CGT) liabilities. However, it is important to note that CGT does not apply to transfers between spouses or civil partners. If the portfolio is transferred to other beneficiaries, it is crucial to assess the CGT implications and consider any available exemptions or reliefs.

Passing on property portfolios requires careful planning, legal knowledge, and ideally professional advice. Ensuring that you have a comprehensive and up-to-date will and an understanding of inheritance tax considerations are important steps in ensuring a smooth transfer of assets. Seeking guidance from legal and financial professionals will help you navigate the complexities of estate planning, ultimately providing peace of mind that your property portfolio will be passed on efficiently to your chosen beneficiaries and the Legal Professionals at James Legal are always happy to help.

If you'd like to get in touch with the team at James Legal for more information on this topic, we've got the people you need to speak to right here: 

Claire Ryder at claire.ryder@jameslegal.co.uk ✉️

Chris Hutchinson at chris.hutchinson@jameslegal.co.uk ✉️

Alternatively, you can contact their office at 01482 225566 📞

Posted By

Ollie Potten


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