Deciding whether to sell your parents’ house before their passing is a complicated and emotionally charged decision. While it may initially seem easier to wait until after their death, this approach often comes with significant financial and logistical challenges that can burden the family during an already difficult time.
For one, the probate process can be a lengthy and frustrating ordeal. Settling an estate and gaining the legal right to sell a house can take several months – or even more than a year — depending on the complexity of the estate and how well prepared the will is. During this period, the family is left in limbo.
Then there are the costs involved. Probate and estate agent fees can take a significant portion of the inheritance before any funds reach the family. To make matters worse, beneficiaries may face large Capital Gains Tax liability if the inherited house has appreciated in value by the time it’s sold.
By contrast, selling the property while your parents are still alive can help avoid many of these issues. For example, parents can sell their primary residence without incurring any Capital Gains Tax, and the proceeds can be distributed as gifts, used to fund care costs, or reinvested to minimise future tax liabilities.
In the UK, where approximately 31% of house sales fall through due to unforeseen complications, careful planning becomes even more critical.
Deciding to sell a parent’s house while they are still alive is a complicated and emotionally charged choice. However, in certain circumstances, it can be a practical solution to meet financial, care related, or future planning needs.
Here are some reasons families might consider this option:
If a parent is suffering from a serious illness or declining health, selling their home may provide the financial means to cover the cost of specialised care. This could include funding a care home, paying for in-home carers, or covering medical treatments not provided by the NHS.
The sale may also simplify their living situation, allowing them to move into more manageable accommodation, such as assisted living facilities or a relative’s home.
In the UK, care home fees can be significant, and if a parent requires residential care, selling their home might be necessary to fund these expenses. The local council conducts a means test to determine eligibility for care funding, and owning a property can often disqualify individuals from financial support unless it is sold.
Older parents may no longer need or be able to maintain a large family home. Selling allows them to move into a smaller, more suitable property that better suits their needs, such as a bungalow or an apartment.
Downsizing can also free up equity tied up in the property, providing additional funds for leisure, healthcare or day to day expenses in their later years.
If your parents are still relatively healthy but nearing retirement, selling their house may help fund either their retirement plans or yours. The proceeds can be used in several ways:
The funds can create a retirement income stream for your parents, help pay off any outstanding debts, or be invested in financial products that provide long-term security. This may allow them to enjoy their retirement more fully, such as traveling, pursuing hobbies or spending time with family.
In some cases, with the parent’s agreement, selling their home may provide financial support for your own retirement planning. The proceeds might help you pay off a mortgage, invest in a pension fund, or provide additional income to improve your financial security as you approach or enter retirement.
Selling their house could also serve as a way to share the financial benefits with family members while the parent is still alive, making sure that their wishes are honoured and helping multiple generations achieve greater financial stability.
And, finally, selling your parents house while they are still alive could help avoid potential inheritance disputes among family members. It provides an opportunity to discuss financial decisions openly and distribute the proceeds according to the parent’s wishes.
It also eliminates the need for the family to go through the probate process after the parent's death, which can be time-consuming and stressful.
Unless your parents are unable to make their own decisions, you must have their explicit consent to sell their house on their behalf.
If they are unable to make decisions due to reasons such as illness or incapacity (e.g. dementia), you can only sell their house if you have granted legal authority through a Lasting Power of Attorney (LPA) for property and financial affairs.
It is illegal to sell their house without property legal authority or their informed consent.
Here is a brief guideline on how you can sell your parents house before the inheritance process:
Start with an open and honest conversation about their wishes and the reasons for selling. Make sure they fully understand the implications and benefits of the sale.
Discuss other potential options, such as putting the house into a trust, which may provide flexibility and tax benefits. This is also a good time to address any concerns or questions they may have.
Engage with experts such as estate planners, tax advisors and solicitors, who will help you understand:
The legal and financial implications of selling.
Tax considerations, such as Capital Gains Tax or Inheritance Tax.
The best approach to ensure compliance with your parents’ wishes and avoid future disputes.
Determine the current market value of the house by:
Requesting valuations from multiple estate agents.
Using online valuation tools as a supplementary check.
Considering an independent surveyor for a detailed and unbiased assessment.
If selling on the open market, consider steps to make the house more appealing to buyers:
Declutter and clean the property to create a welcoming environment.
Carry out minor repairs or updates to improve its presentation.
Stage the house to showcase its potential and maximise its value.
When it comes to selling your parents house, you will probably automatically lean towards using an estate agent in order to get the highest possible price. However, if you use a property cash buying company like The Property Buying Company, you will benefit from a guaranteed sale, on a timeline that completely suits you, and face absolutely no selling or legal fees.
Make sure you have all the correct documents in order to avoid delays in the sale process, with key steps including:
Working with a solicitor to handle the legal aspects of the sale.
Preparing documents such as the title deeds, Energy Performance Certificate and any planning permission.
Covering solicitor fees unless you choose a service that covers them (like us).
Once an offer is accepted, collaborate with your solicitor to finalise the sale. Make sure all proceeds are distributed according to your parents’ wishes and pay any applicable taxes, such as Capital Gains Tax.
Selling your parent’s house isn’t just a financial transaction – it's an emotional process. Keep open communication with your parents and other family members throughout, ensuring that everyone feels involved and supported.
Selling a parent’s home can provide financial flexibility and simplify estate administration, but may increase Inheritance Tax liability if not carefully planned. Consulting with estate planners or tax advisors is essential to understand the implications and explore strategies like gifting or trusts to minimise tax exposure.
Here’s what you need to know:
When your parent’s home is sold, the proceeds usually become part of their estate (unless the funds are gifted or spent before death). This can increase the estate’s overall value and may impact Inheritance Tax liability.
If the estate exceeds the Inheritance Tax threshold of £325,000 for individuals (or up to £1 million if the Residence Nil Rate Band applies) the additional cash from the sale could lead to higher tax liabilities for beneficiaries.
Selling the home during your parent’s lifetime allows them to decide how to use or distribute the proceeds:
Gifting to beneficiaries: Gifts can reduce the value of the estate but may not be subject to the seven year rule for Inheritance Tax.
Funding care or retirement needs: Proceeds can be used to cover care fees, medical expenses, or improve their retirement lifestyle.
This approach can also help avoid disputes among beneficiaries and ensure their parent’s wishes are honoured.
Selling the house while your parent is alive can significantly simplify the probate process. Housing is often one of the most complex assets to manage after death. By converting the property into liquid funds, the estate can be easier to administer, reducing delays for beneficiaries.
But, if the property is sold after death, the distribution of proceeds is governed by the will or intestacy rules. This can delay access to funds by at least a year, as the probate process must be completed before beneficiaries receive their share.
Selling the home before death may impact eligibility for the Residence Nil Rate Band, an additional Inheritance Tax allowance available when a main residence is left to direct descendants.
If the property is sold and converted into cash, the Residence Nil Rate Band may no longer apply, which may increase the estate’s tax liability. To preserve this allowance, parents might consider reinvesting the proceeds into qualifying assets or placing them in a trust.
A trust can be a very helpful tool for managing the proceeds of a home sale and reducing Inheritance Tax liability. Placing funds from the sale into a trust helps preserve the Residence Nil Rate Band (if used to acquire a new residence or qualifying assets).
All while allowing for better control over how the funds are distributed to beneficiaries, and shielding assets from care home fees or creditors.
Creating or updating a will is an important step to make sure your parents’ wishes are respected and their assets are distributed according to their intentions.
If your parents don’t already have a will, they can create one with the help of a solicitor or a will-writing service. This document specifies how their assets, including property, money and possessions will be distributed.
If a will already exists, but does not include you, your parents can revise it by either creating a new will or adding a codicil – a formal amendment to the existing document. Any changes or updates to the will must be made by your parents while they have the mental capacity to do so and must be free from any form of coercion or undue influence.
These conditions are essential to ensure the will is legally valid and reflects their genuine intentions.
Selling your parents’ house before death can be a smart financial move if done correctly. By taking advantage of tax reliefs, planning strategically, and involving professional advisors, you can make sure the family home is transferred with minimal tax liability.
Here are some of positives and negatives of selling your parents’ home before death:
If the property was your parents’ primary residence, selling it during their lifetime usually avoids Capital Gains Tax because the Principal Private Residence Relief applies. However, if it is a second home or an investment property, selling before death could trigger Capital Gains Tax, so proper planning is essential.
The proceeds from the sale may reduce the value of your parents’ estate, potentially bringing it below the Inheritance Tax threshold (£325,000 for individuals or up to £1 million with the Residence Nil Rate Band). With the right strategy, the sale proceeds can be distributed or invested in ways that legally reduce or eliminate the Inheritance Tax liability.
If the house is sold and the proceeds are given to family members as gifts, those gifts can be exempt from Inheritance Tax if your parents live for at least seven years after making the gift. This is known as the seven-year rule.
Alternatively, selling the house and using the funds to invest in trusts or qualifying assets can also preserve tax advantages while ensuring the wealth remains within the family.
If your parents need funds to cover care costs, selling the property can provide a financial solution without burdening the family. However, selling could impact their eligibility for means tested benefits or local council care funding, so it’s important to understand these implications beforehand.
The key to avoiding unnecessary taxes is advance planning. This includes consulting with tax advisors and estate planners to make sure the sale and distribution of proceeds align with your parents’ financial goals and minimise liabilities.
Proper documentation and compliance with legal requirements are also important to make sure the transaction is legitimate and effective.
Unlike selling through estate agents, where 33% of all deals collapse at the last minute, The Property Buying Company can offer you a guaranteed, secure sale. This peace of mind is invaluable, especially during emotionally charged situations.
Whether you need a quick sale to fund care costs or to settle financial matters quickly, we tailor the selling timeline to you. We can complete sales in as little as 7 days, far quicker than the average open market house sale. Avoid the hassle of preparing the house for viewings, The Property Buying Company buys the house as is, saving you time and effort.
As a thank you for using our service, we will cover all selling and legal fees, unlike traditional estate agents or solicitors. This means more of the proceeds go towards your parent’s needs or estate planning. You’ll receive a fair, no-obligation cash offer with no hidden costs, making the process stress-free and straightforward.