Selling a house in England?

Discussion in 'Plot Development' started by Poziga, Feb 7, 2017.

  1. big soft moose

    big soft moose An Admoostrator Admin Staff Supporter Contributor Community Volunteer

    Joined:
    Aug 1, 2016
    Messages:
    22,599
    Likes Received:
    25,906
    Location:
    East devon/somerset border
    Houses aside my issue with this that the parents divorce because the father is an abusive alcoholic, then agree to have a trip to see how things go (unlikely but okay), then mother decides to travel with father - a man she divorced for putting her in hospital - to pick the son up... does not compute, if the mother wants the son along for her security why would she travel without him ?

    okay you may say "but this really happened" , but the thing is whether something is true is less important in fiction than whether it feels plausible to the reader - people do all sorts of unlikely things in reality that an author might lose credibility with

    Regardless of whether this really happened it feels like a lazy plot device to make the son a dramatic orphan
     
  2. Shadowfax

    Shadowfax Contributor Contributor

    Joined:
    Aug 27, 2014
    Messages:
    3,420
    Likes Received:
    1,991
    NO.

    In the paper today is a report on a contested will. The will left the estate to three different animal charities, with specific instructions for the daughter (estranged, went off and married some undesirable long since) to be omitted, and for any claim by her to be defended. Initially, the daughter won a £50k payout from the courts (out of an estate of c£500k), raised to £160k in the Court of Appeal. High court overturned that, and the full estate was awarded to the charities; obviously, the feeling was that the wishes of the testator should be honoured.

    So, it CAN be contested. This case has taken 20 years to reach this position.

    So if a VERY specific will can be contested, what about if there is no will???
     
  3. ChickenFreak

    ChickenFreak Contributor Contributor

    Joined:
    Mar 9, 2010
    Messages:
    15,262
    Likes Received:
    13,084
    Sorry, my "heir or not" was unclear--I meant "heir or not" after all the legalities are thrashed out, including legalities of the type that you suggest above. My question, though it didn't make it to words the way I intended, was whether Aunt was making a legal challenge or not. If she is, then that's all pretty complicated and may be more than the plot wants to support for a throwaway atmospheric fact. Really, if she isn't and she's taken seriously until Grandpa tells her to shut up, that suggests some dysfunctional enmeshed family dynamics that may again be more than the plot wants to support for a throwaway atmospheric fact.
     
  4. Poziga

    Poziga Contributor Contributor

    Joined:
    Apr 26, 2013
    Messages:
    581
    Likes Received:
    300
    Location:
    Slovenia
    Oh yes, I'm aware of that, thanks. I have some chapters where Mum and the protagonist skype on what steps they should take. Basically, the mother is quite weak and ever since the divorce she felt lonely (I mean, living in a house where the whole family used to lvie takes it's toll, among other things). She is one of those people that the divorce hits really hard. And when he contacts her again, she gets feeling that he really is different (he is, but the reader doesn't find that out, unfortunately) and starts to think that everything could be better again. That works, I think, I just have to show it very well.
    With the protagonist the situation is different, more complicated, since there's more rage in him. I think he is bigger problem than the mother. I'll play on the card that he considers his childhood robbed of a proper father, but he wants one, so he considers giving him another chance. But he's the protagonist, so I have more place to manouver, to portray the process, but mustn't take it in the wrong direction. The outside influence is very important, so opinions of friends, grandparents and his mother as well.

    @ChickenFreak I understand. That's what I meant. There is no will, so the protagonist as the only child inherits everything. But because there is no will, she has a feeling that her brother would include her in it - had he time write it. That's why Grandpa tells her to shut the hell up. He understands that the protagonist just lost both parents and needs help, especially financial. The sister is an adult and has financial security.

    EDITED TO ADD: Fuck, @big soft moose I thought about your reply for a while and I think I came up with something much mroe plausible. :Do_O
     
    Last edited: Mar 16, 2017
  5. Shadowfax

    Shadowfax Contributor Contributor

    Joined:
    Aug 27, 2014
    Messages:
    3,420
    Likes Received:
    1,991
    NO!

    There are legal rules for who will inherit, and the only surviving child DOESN'T automatically get everything.

    https://www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy/

    ETA: OK, I've now had time to read most of this; the main point is that the surviving children will only have to share with a surviving partner. Since he's been orphaned, and he's the only child, you're good!
     
    Last edited: Mar 17, 2017
    Poziga likes this.
  6. big soft moose

    big soft moose An Admoostrator Admin Staff Supporter Contributor Community Volunteer

    Joined:
    Aug 1, 2016
    Messages:
    22,599
    Likes Received:
    25,906
    Location:
    East devon/somerset border
    apart from the collosal chunk the govt will take in inheritance tax
     
  7. Shadowfax

    Shadowfax Contributor Contributor

    Joined:
    Aug 27, 2014
    Messages:
    3,420
    Likes Received:
    1,991
    Only if the estate is over £325k...excess over that is taxed at 40%.
     
  8. big soft moose

    big soft moose An Admoostrator Admin Staff Supporter Contributor Community Volunteer

    Joined:
    Aug 1, 2016
    Messages:
    22,599
    Likes Received:
    25,906
    Location:
    East devon/somerset border
    If hes selling sizeable house in plymouth the estate will be well over £325k- and thats without considering savings, life insurance etc
     
  9. Shadowfax

    Shadowfax Contributor Contributor

    Joined:
    Aug 27, 2014
    Messages:
    3,420
    Likes Received:
    1,991
    I'm not disputing that (although you did point out that you could get a house in Plymouth for c.£250k), merely pointing out the facts for @Poziga to consider.

    Incidentally, I overlooked that BOTH parents died, so they get a double-dose of inheritance tax threshold, so the estate can be up to £650k.
     
  10. big soft moose

    big soft moose An Admoostrator Admin Staff Supporter Contributor Community Volunteer

    Joined:
    Aug 1, 2016
    Messages:
    22,599
    Likes Received:
    25,906
    Location:
    East devon/somerset border
    Do they ? Even if they are seperated ? - I thought you got one IH allowance applied to the assets of each party (theres also a complication if they didnt die atexactly the same time and one left assetts to abnnother - therehave been cases where people have been hit for IH twice )
     
  11. Shadowfax

    Shadowfax Contributor Contributor

    Joined:
    Aug 27, 2014
    Messages:
    3,420
    Likes Received:
    1,991
    1/ Yes, separation doesn't count, only divorce.

    ETA: And co-habitation doesn't count either; you have to be married, or in a civil partnership.

    2/ My mother died first, then, when my father died, we were able to roll my mother's IH allowance over and get a double allowance that meant there was no tax to pay on the estate.

    But, in the case of @Poziga's story, the parents died simultaneously, so that's not even an issue.
     

Share This Page

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice