Q&As

Following the death of a registered proprietor, the sole personal representative (PR) who is also the person entitled to an estate gave away part of their entitlement by means of a deed of variation to the recipient and is now refusing to honour this agreement. The PR entered into an agreement for sale relating to the property and the buyer registered a restriction on the title to the property relating to the sale contract. Can the recipient protect its interest in the property at HM Land Registry?

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Published by a LexisNexis Property expert

Published on: 05 June 2019

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A person who is entitled to a share (or all) of an Estate can give away their entitlement, or a part of it. If that is done by means of a Deed of variation within two years of the death and meets other conditions, it will be treated for inheritance tax (IHT) purposes as if the intestacy rules had given an entitlement to the recipient of the gift (the Recipient).

While an estate is in the course of administration, a personal representative (PR) will hold the property and its net sales proceeds as administrator,

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Jurisdiction(s):

United Kingdom

Key definition:

Proprietor definition

What does Proprietor mean?

The person or body of persons responsible for the management of a school.

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