`1. A and B are executors and share of the estate equally. Net value of estate £350,000 including dwelling house valued at £250,000, the remainder of the estate comprising cash of £100,000. Ignoring costs, they are therefore each entitled to inherit assets to the value of £175,000. A who owns his home would like to have the dwelling house and to compensate his brother for the difference. Obviously this would result in SDLT becoming payable at the higher rate presumably on a 1/2 share of the value of the dwelling.
Can anyone suggest how the liability could be minimised, perhaps by a deed of variation being employed to give a larger share of the property to A and a compensating cash legacy to B I appreciate that DOVs are only effective for IHT and CGT If an election is made.
Patrick Moroney