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RHYYYSSS(Initiate)Initiate
7 Aug 2025

Hi.


I previously sought advice and it was looking possibly like capital gains tax was due. However, the situation is changed slightly as outlined below previously I thought my father around the house. I'm just wondering if the fact that he didn't technically own it changes the situation in regards to capital gains taxes, I suppose also how do I go about doing the tax return if capitals gain tax is payable.


I'd like to provide an update regarding the estate matter. Following my mother's passing in 2003, my sister was appointed executor of her estate. However, she didn't complete the necessary administrative tasks, including transferring ownership of our family home to my father's name. As a result, my father resided in the property for 19 years without technically owning it.


After my father's passing in Dec 2022 , our probate lawyer in the UK instructed my sister to sell the property Oct 2024, probate took a long time. The sale commenced in October last year, and the property was sold in June this year. I covered the costs associated with marketing, legal fees, conveyancing fees, clearing the house, and updating the property to facilitate the sale. The proceeds from the sale were transferred to my father's estate, and our probate lawyer finalized the accounts before distributing the funds to me.


Could you please advise on the tax implications of this situation, considering my father didn't technically own the property but by default he received all asserts of my late mother. I'd appreciate your guidance on how this affects my tax obligations.


Thank you for your assistance.


Best regards,

Your Name

219 views
4 replies
219 views
4 replies

All replies

YellowPotato(Taxicorn)Taxicorn
8 Aug 2025

I think you should get law and tax professionals for UK and Australia.


For Australia, for CGT, it could still count as his asset generally it's about who is the beneficiary, not necessarily who the legal owner is. (e.g. using custodian brokers for shares, the shares legal owner would be the broker but the broker passes on the dividends/distributions to the customer or when parents holding shares on behalf of child and child is the one receiving the dividends/distributions)

Taxduck(Taxicorn)Taxicorn
8 Aug 2025

More clarity required. Is the property in Australia and your late father a tax resident? Who was the legal owner of the property when your father died? Was it owned as joint tenants (father and mother) or by your late mother, or someone else?

How could your sister sell it? To sell she would have had to have been the legal representative of your father's estate and transferred the title to herself as legal representative. So how did that happen if he didn't own the property?

If CGT is an issue this is for the legal representative to resolve. Any CGT would be dealt with by them through the estate before any distribution of cash.



RHYYYSSS(Initiate)Initiate
9 Aug 2025

The property was in the UK, My sister was the executor of my mother. However, my sister did not carry out all the executive duties and just left it. So when my father passed away and in his will the house was left to me when it came to sell. Turned out the deeds didn't show his name, just my mother's. So my probate lawyer asked my sister to put the house up for sale as she was the legal representative of my mother. Then once the house was sold the monies were distributed to me here in Australia by my probate lawyer. All legal tax work was completed that end meeting UK requirements by the book. No inheritance tax in the UK for under a certain amount so that's all good. I hope that helps. Thank you for your support. Look forward to your reply.

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