Q&As

Would the residence nil rate band be available where the surviving spouse (tenant in common) dies after exchange of contracts but before completion of the sale of the deceased’s residential property which was agreed and undertaken by attorneys under an LPA?

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Published on LexisPSL on 15/08/2018

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Would the residence nil rate band be available where the surviving spouse (tenant in common) dies after exchange of contracts but before completion of the sale of the deceased’s residential property which was agreed and undertaken by attorneys under an LPA?

Would the residence nil rate band be available where the surviving spouse (tenant in common) dies after exchange of contracts but before completion of the sale of the deceased’s residential property which was agreed and undertaken by attorneys under an LPA?

This Q&A considers the potential residence nil rate band available in a situation where a surviving spouse dies after the exchange of contracts but before the completion of the sale of a residential property.

A lasting power of attorney (LPA) will automatically be revoked on the death of the donor. See regulation 22 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007, SI 2007/1253.

If a seller (or one of them) dies between exchange and completion, the validity of the contract is not affected. The benefit and burden of the contract passes to the personal representatives (PRs) of the deceased who are bound to complete. For further information, see:

  1. Commentary: Death of a contracting party: Halsbury's Laws of England [204]

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  1. Under what

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