Thinking About Gifting Your Property to Your Children? Here’s What You Should Know

Becci Newton • January 16, 2025

Making plans for your property is an important part of looking after your family’s future. Many parents consider gifting their home or a share of it to their children, whether for practical reasons or as part of estate planning. It’s a generous gesture, but there are a few things to think about before making the decision.

Recently, we had two conversations about this very topic. Both were quite different, but they showed just how much a little legal advice can help in making the best choice.


Why Do You Want to Gift Your Property?


Everyone has their own reasons for wanting to transfer property to their children, and these reasons can shape the best approach.


In one case, a retired gentleman wanted to gift his property to avoid inheritance tax. However, after looking at his circumstances, it turned out his estate wouldn’t have been subject to inheritance tax anyway. He also hadn’t realised that if he continued living in the property without paying rent to his children, the “gift with reservation of benefit” rules would still apply, and the home would remain part of his estate for inheritance tax purposes.


In another case, a mother wanted to gift a share of her home to her daughter, who was moving in with her. She was aware of the rules, like the seven-year rule and the capital gains tax exemption for principal residences. But her situation had an added layer – her daughter was leaving a difficult marriage and planning to start divorce proceedings.


While it’s unlikely that the gifted share of the property would be considered a marital asset, transferring it before the divorce was officially underway could have introduced complications. After discussing the options, she decided to wait for the right moment to make sure her daughter was protected.


Things to Think About When Gifting Property


Gift with Reservation of Benefit (GROB)

If you gift a property but continue to live in it without paying market rent, it could still be treated as part of your estate for inheritance tax purposes. It’s worth understanding how this could affect your plans.


The Seven-Year Rule

Gifts made during your lifetime are potentially exempt from inheritance tax if you live for seven years after making them. However, if you pass away within those seven years, the gift could be subject to tax, depending on how much time has passed since it was made.


Capital Gains Tax (CGT)

If the property you’re gifting is your main home, it’s usually exempt from capital gains tax. However, if it’s a second property or a rental property, CGT may apply, and it’s calculated based on the property’s value at the time of the gift.


When Family Circumstances Add a Personal Layer


Gifting property often involves more than just tax or financial considerations. Family dynamics can play a big part in the decision.


In the case of the mother and daughter, understanding the emotional and legal context of their situation was vital. The mother’s desire to help her daughter was clear, but timing was everything to make sure the gift didn’t create unintended issues during divorce proceedings.


This is why it’s so important to share the full picture with your legal advisor. Every family’s circumstances are different, and careful planning can help ensure the best outcome for everyone involved.


Taking the Next Steps


Gifting property is a generous act, but it’s not something to rush into. There are rules and potential pitfalls to consider, and getting the right advice can make a big difference. Whether you’re thinking about inheritance tax, capital gains, or how a change in ownership might affect your family, having a clear plan in place is always a good idea.


Specialist Advice from Woodstock Legal Services


At Woodstock Legal Services, our team can help with property gifting, inheritance tax planning, and wills and probate matters. We take the time to understand your goals and provide advice that works for you and your family.

For personalised advice, contact Becci Newton, Solicitor, by emailing b.newton@woodstocklegalservices.co.uk or completing the form below.

Contact Us

News & Insights

By Kirsty Jocham November 17, 2025
What a night! We’re over the moon to share that we’ve brought home two incredible awards from this year’s National Landlord Investment Show (NLIS) Awards , held at the De Vere Grand Connaught Rooms in London. Woodstock Legal Services was named "Best Landlord Legal Services Provider" for the fourth year running, and our very own Anna Hughes, Director and Head of Landlord & Tenant , was crowned " Woman in Property of the Year" . Both awards mean so much to us. They reflect the hard work, care and dedication that our whole team puts into supporting landlords and property professionals every day. Anna said: "It was such a special evening. To be recognised alongside so many brilliant people in the industry was an honour, and to celebrate our team’s fourth consecutive win made it even more memorable. I’m so proud of what we’ve achieved together." Alongside our leading expertise in landlord and tenant law, Woodstock offers a full service across residential and commercial property, property litigation, dispute resolution, employment law, family law, private client matters, media and technology, and corporate and commercial law. Our consultancy model gives us the opportunity to attract some of the best lawyers in the sector: experienced specialists who work seamlessly with our in-house team. This blend of insight and collaboration allows us to offer clients a well-rounded service, particularly in landlord and tenant matters where our consultants and core team work closely together to deliver clear, practical and jargon-free advice. Carly Jermyn, CEO of Woodstock Legal Services, commented: "It was such a proud moment for all of us. Awards like these are the result of genuine teamwork and the relationships we’ve built with our clients over the years. Seeing Anna recognised in this way was the highlight of the evening – she’s an outstanding lawyer and leader, and we’re lucky to have her." We’re so proud of what we’ve achieved – and so grateful to every client and colleague who’s been part of the journey. Here’s to another year of doing what we love and continuing to bring a fresh approach to law.
By Luke English October 9, 2025
Having a clear plan to protect your intellectual property (I.P.) is one of the most important steps a new business can take. From your brand name to your website and logo, these assets define your identity and give you a competitive edge. In his latest insight, Media and Technology Law Consultant Solicitor Luke English shares the five most common intellectual property mistakes that start-ups make, and how to avoid them to secure your business’s future. 1. Failing to Think About Intellectual Property from the Start Your intellectual property is at the heart of your business. It’s everything you create that’s unique to you, your company name, logo, website, content, or trademark. Yet many start-ups fail to think about I.P. protection early enough. When you're launching a business, it is easy to focus on short-term goals like getting products to market or building your client base. However, failing to plan your I.P. strategy early on can have serious consequences. Competitors could register similar trademarks, copy your ideas, or even prevent you from using your own brand if they secure protection first. Early registration of trademarks, copyrights, and patents helps safeguard your innovation and ensures that what you’ve built remains yours. It is not just about protection; it’s about adding value to your business and strengthening your brand identity in the long term. 2. Failing to Carry Out Proper I.P. Searches Start-ups often come up with creative, memorable names and logos, but before you invest in design, marketing, and branding, it’s essential to check that your chosen name or concept isn’t already being used. A simple intellectual property clearance search can save you from major legal and financial issues later. Ensure that your company name, website domain, and social media handles are all available and consistent across platforms. This not only prevents disputes but also makes it easier for your customers to find and recognise you online. Failing to carry out these searches could result in a cease and desist letter arriving just as your brand begins to grow. Rebranding can be costly and disruptive, especially in the early stages of your start-up. Investing a little time and legal advice upfront ensures that your name and brand are genuinely yours to use. 3. Inadequate Documentation of I.P. Ownership In the excitement of building a new business, it’s easy to overlook paperwork, but documentation is vital when it comes to proving ownership of your intellectual property. Every idea, design, and creative output your business produces should be documented, dated, and clearly attributed to your company. Always use the copyright symbol (©) where appropriate and make sure that your trademarks are formally registered. This becomes particularly important when you begin licensing or assigning your intellectual property to others. Without proper documentation, it can be difficult to prove ownership or defend your rights if they’re challenged. Clear records also make your business more attractive to investors, who will want reassurance that the I.P. is securely owned and protected. 4. Failing to Secure Ownership of I.P. Created by Others Many start-ups rely on contractors, freelancers, or third-party developers to create important assets such as websites, apps, logos, or content. However, if the ownership of that work isn’t formally transferred to your business, you may not actually own it. Always ensure that your contracts with external providers include clear clauses assigning all I.P. rights to your company. This includes web designers, marketing agencies, and software developers. Without this, you could face licensing fees or even legal disputes later if you try to use, modify, or sell those assets. The same principle applies to employees. Your employment contracts should clearly state that any intellectual property created in the course of their work belongs to the employer. This helps to prevent ownership issues in the future and protects your right to use and develop your own creations. For example, imagine selling your company only to discover you don’t own the rights to your website or domain name, an all-too-common mistake that can seriously affect a business’s valuation. Proper legal contracts prevent this from happening. 5. Failing to Protect What’s Yours Even with ownership secured, your I.P. is vulnerable if it’s not properly protected in practice. Many start-ups make the mistake of discussing inventions, ideas, or branding publicly before securing legal protection. If you pitch your product or discuss your designs without a confidentiality or non-disclosure agreement (NDA) in place, you risk losing the ability to patent or register them later. Patent law requires novelty at the time of filing, meaning that public disclosure could make your invention ineligible for protection. Always document who you meet with, when and where meetings take place, and what information is shared. Having these records, alongside properly drafted NDAs, reduces the risk of leaks, plagiarism, or competitors “copying and pasting” your ideas. Protecting your I.P. isn’t just a legal formality; it’s an important part of safeguarding your innovation and ensuring that your hard work remains your own. How Woodstock Legal Services Can Help Your Start-Up At Woodstock Legal Services, we understand that launching a start-up can be overwhelming, especially when it comes to the legal side of protecting your intellectual property. Our team offers comprehensive, practical support to help you understand these challenges. Luke English , our Media and Technology Law Consultant Solicitor, can advise on contracts with website developers, trademark applications, terms and conditions, and confidentiality agreements: l.english@woodstocklegalservices.co.uk Richard Hiron , our Employment Law Solicitor, can assist with employment and consultant contracts to ensure I.P. created by your team is properly assigned to your company: r.hiron@woodstocklegalservices.co.uk By taking proactive steps now, you can avoid costly disputes later and build a business that’s both legally sound and ready to grow.
By Kerry Parsons September 26, 2025
Buying or selling a home is one of the biggest financial commitments you’ll ever make, and knowing exactly what costs to expect can make the process far less stressful. In her latest insight, Kerry Parsons , Residential Property Conveyancing Team Lead & Consultant Chartered Legal Executive at Woodstock Legal Services, explains the essentials of Stamp Duty Land Tax (SDLT) in 2025, and what every homeowner, first-time buyer, or investor needs to plan for. What Is Stamp Duty Land Tax (SDLT)? Stamp Duty Land Tax (SDLT) is essentially a property tax applied when you purchase a home in England or Northern Ireland. It’s based on the purchase price of the property, with higher rates applying to more expensive homes. For most buyers in 2025, SDLT starts on properties worth over £125,000. That means if your new home costs more than this threshold, you’ll need to budget for SDLT in addition to your deposit, legal fees, and other moving expenses. If you’re a first-time buyer, the rules are more generous. You currently pay no SDLT up to £300,000 and then pay 5% on anything up to £500,000. It’s worth noting that SDLT doesn’t apply in Scotland or Wales, where separate systems, Land and Buildings Transaction Tax (LBTT) in Scotland and Land Transaction Tax (LTT) in Wales, operate. For buyers in England and Northern Ireland, however, SDLT is unavoidable in most transactions and can have a significant impact on your overall budget. Why SDLT Catches Buyers Out The importance of planning ahead One of the most common mistakes buyers make is treating SDLT as an afterthought. While it might not be the most exciting part of moving house, it can cause real financial headaches if you haven’t factored it into your budget early on. For example: Bu ying a freehold home for £300,000 as a first-time buyer = no SDLT. Buying a £300,000 home, having owned a property before = £5,000 in SDLT. That’s a significant extra cost, and one that can derail your finances if it isn’t planned for. Many buyers budget carefully for deposits and mortgage repayments, but overlook SDLT until late in the process. By then, it can feel like an unexpected bill rather than a cost you’ve prepared for. If you’re unsure, you can use the government’s free SDLT calculator to estimate your liability before making an offer Calculate Stamp Duty Land Tax SDLT and moving chains Another reason SDLT often catches people out is that many moves involve chains. This is selling one property while buying another. If your transaction is dependent on timing, or you’re buying before your sale completes, your SDLT liability could change, especially if you temporarily own two homes. Factoring in this possibility early is key to avoiding unnecessary stress later. Higher Rates for Additional Properties If you’re buying an additional property, such as a buy-to-let, a second home, or if you’re keeping your old property while purchasing a new one, you’ll usually have to pay 5% on top of SDLT rates if buying a new residential property means you’ll own more than one. This catches many people out. Even if you’re only keeping your old home for a short time, you’ll typically need to pay the surcharge upfront and then apply for a refund later, provided you sell within the current three-year window. For example, a property worth £350,000 would typically attract SDLT of about £7,500. But if it’s an additional residential property, the higher‐rate surcharge raises that to around £25,000, which is a major increase. T hat’s why getting professional advice early in the process is so valuable. Can You Claim SDLT Relief or Exemptions? There are limited situations where SDLT reliefs or exemptions may apply. For example: Transfers between spouses or civil partners Purchases involving multiple dwellings Certain mixed-use properties or shared ownership arrangements For most straightforward home purchases, however, SDLT will apply in some form. If you think your circumstances may qualify for relief, it’s always best to seek advice from a specialist tax adviser alongside your conveyancer. It’s also worth noting that SDLT rules can become complex in cases involving trusts, company purchases, or inheritance. In these situations, specialist legal and tax advice is essential to avoid mistakes or unexpected liabilities. SDLT Changes in the UK – Why You Shouldn’t Assume If it feels like Stamp Duty Land Tax is always in the headlines, that’s because it is. Successive governments frequently tweak SDLT rules and thresholds, sometimes permanently and sometimes temporarily. For example, during the pandemic, a stamp duty holiday provided buyers with short-term relief, only for thresholds to revert afterwards. More recently, SDLT has been a topic of political debate, with calls for reform from different parties. This is why it’s essential not to rely on what a friend or colleague paid in the past. The SDLT rules in 2025 may look very different to those in 2020 or even 2023. Always check the current SDLT rules with your conveyancer or a trusted tax adviser before making any financial commitments. My Conveyancing Advice – Plan Ahead and Budget Early From my experience as a conveyancer, the best advice I can give is to treat Stamp Duty Land Tax as a central part of your property budget from the very beginning. Knowing what you’ll owe early gives you room to plan your mortgage realistically and helps you avoid any last-minute surprises. It also ensures you don’t overstretch your finances when you should be enjoying the excitement of your move. It’s also important to remember that your conveyancer submits the SDLT return on your behalf, but it remains your personal tax return. The calculation could be incorrect if you don’t provide full and accurate information about your circumstances. Always be upfront with your conveyancer or tax adviser to ensure everything is properly declared. Another tip is to keep an eye on government announcements. Even small changes in thresholds or exemptions can make a significant difference to your liability. By staying informed and speaking with your conveyancer early, you’ll have a clear picture of what to expect. Final Thoughts on Stamp Duty Land Tax in 2025 Angela Rayner’s recent comments may have reignited the debate on SDLT, but the basics remain unchanged: SDLT applies to most property purchases in England and Northern Ireland Rules vary for first-time buyers, movers, and second-home purchases Planning ahead is critical to a smooth and stress-free move At Woodstock Legal Services, we don’t provide tax advice, but we do ensure our clients are fully informed throughout the conveyancing process, including SDLT obligations, and can signpost you to a tax specialist if you need additional guidance.
By Kirsty Jocham September 16, 2025
The Woodstock vision was to create a law firm that felt different, one where lawyers had true freedom and flexibility within a community of grade A lawyers and the best operational and regulatory support on offer - all while ensuring our clients remain our constant focus. Since 2014, Woodstock has grown into a community of more than 60 lawyers, built on the principle that legal practice can be both professional and personal. We set out to create a place where lawyers have the freedom to shape fulfilling careers, and where clients benefit from clear, expert advice delivered with genuine care. That vision remains at the heart of everything we do. By joining the Lawhive Group, we are strengthening this vision - combining the trusted relationships and values that define Woodstock, with innovative tools that ease the pressures of legal work. This means our lawyers can dedicate more time to what matters most: guiding and supporting our clients.  As our founder, Carly Jermyn , explains: “I’ve always believed a different kind of legal culture was possible, and with Woodstock, we’ve proven it. We’ve created a place where lawyers are supported to grow their careers in a way that fits their lives and works for their clients. This partnership is about scaling that vision with the right kind of technology - AI that enhances our skills and values. What makes it unique is that our lawyers will have the opportunity to shape the tools they use every day.” We recognise that the use of AI in legal practice raises important questions, and that’s why this step is being taken in a carefully controlled and fully compliant way - with SRA approval, and while ensuring confidentiality and compliance remain at the centre of our work at all times. At the heart of Lawhive’s technology are AI colleagues capable of working alongside and supporting human lawyers. Lawrence, Lawhive's first AI colleague is a proprietary AI legal assistant. Lawrence drafts documents, completes case research, and handles routine case management with minimal input - scoring 81% on the rigorous Solicitors Qualifying Exam (SQE), far above the 55% pass threshold. The goal is not to replace lawyers, but to augment their work, reducing repetitive tasks and legal admin. "We're demonstrating that technology can support and enhance the best aspects of legal practice while creating communities where lawyers shape how that technology evolves," said Pierre Proner, CEO and co-founder of Lawhive. "We believe that Lawhive’s vertically integrated model of a regulated law firm and tech platform for lawyers to work alongside AI colleagues, creates better outcomes for everyone." For our clients, your experience with Woodstock does not change. You will continue to work with the same lawyers you know and trust, supported by the same ethos that has shaped our firm from the beginning. What evolves is the scope of what we can achieve, as we combine human expertise with pioneering technology to deliver legal services fit for the future. We are proud of what we have built, and confident in the path ahead. Read the full announcement on Sky News here.
Lawyer reviewing legal documents with scales of justice on desk – Woodstock Legal Services
By Richard Hiron September 1, 2025
Discover 7 common mistakes in UK employment contracts and how to avoid them. Expert advice from Woodstock Legal Services to protect your business
Person reviewing legal and financial documents with a magnifying glass at a desk, laptop and paper
By Zoe Turner August 13, 2025
Fraudulent tenants can cause serious financial and legal problems. Landlord and Tenant Consultant Solicitor Zoe Turner of Woodstock Legal Services explains how rental scams work, warning signs to watch for, and how thorough tenant referencing can protect your property.
A wooden judge’s gavel resting on an open law book, with the Woodstock Legal Services logo visible
By Ryan Heaven August 5, 2025
With the Renters’ Rights Bill (RRB) having entered its report stage in the House of Lords on Thursday, 4 July 2025, landlords across England are watching closely to see what shape the final legislation might take. In this insight, experienced landlord and tenant solicitor Ryan Heaven addresses a growing concern in the sector: will the same restrictions that currently apply to Section 21 notices also apply to Section 8 ? This article separates fact from fiction and offers landlords across the UK clear, practical guidance on what’s actually in the pipeline for Section 8 notices , and how to stay compliant. What’s Happening with the Renters’ Rights Bill? The Renters’ Rights Bill 2025 has remained a central focus for private landlords and letting professionals across the country. With the government proposing a wide-ranging reform of the private rental sector, one of the headline changes is the long-anticipated abolition of Section 21 notices , commonly referred to as “no-fault evictions.” Royal Assent for RRB is expected in September; therefore, we will know the final version of the law at this stage. But as with any major legislative reform, uncertainty can breed misinformation, and the slower the progress, the louder the rumours become. Section 8 Restrictions: What Are Landlords Hearing? One persistent rumour has been making the rounds among landlords and letting agents: The same restrictions currently applied to Section 21 notices , such as requirements for valid Energy Performance Certificates (EPCs) , Gas Safety Certificates , and the How to Rent guide , will also be applied to Section 8 notices as part of the Renters’ Rights Bill. Let’s be clear: this rumour is false. What’s the Legal Difference Between Section 21 and Section 8 Notices? For those new to the distinction between the two possession routes: Section 21 notices allow landlords to regain possession of a property without giving a reason, which is why they’re referred to as “no-fault” evictions. Section 8 notices require the landlord to rely on one of the grounds for possession listed in the Housing Act 1988 . These include reasons such as rent arrears , anti-social behaviour , or other breaches of tenancy. At present, Section 21 notices are highly regulated. If landlords do not provide required documents, such as a valid EPC, Gas Safety Certificate, or How to Rent guide, the notice becomes invalid. Section 8 notices, on the other hand, are not currently bound by these documentation requirements. And according to government updates, that is not about to change. What’s the Official Government Position on Section 8 Notices? While the Bill continues to evolve, there are some concrete steps landlords can take today to stay ahead of the curve: Review your deposit processes to ensure you’re fully compliant with protection schemes and prescribed information delivery Understand the grounds for possession under Section 8 ; these will soon be your primary tool Monitor updates around the expected standardised notice form due later this year Seek early legal advice when considering eviction, especially where compliance issues may arise Being proactive now will save time, money and stress later. The earlier you resolve any grey areas, the stronger your legal position will be when the RRB becomes law. Specialist Advice from Woodstock Legal Services Whether you’re getting to grips with the Renters’ Rights Bill, managing a complex tenancy, or ensuring your notices are fully compliant, our award-winning Landlord & Tenant Team is here to help.
Two smiling women embracing at a modern office desk, with a laptop and documents in front of them
By Richard Hiron July 30, 2025
In his latest insight, Employment Law Consultant Richard Hiron explores how UK employers and HR professionals can handle personal relationships between staff in the workplace sensitively and lawfully. While there’s no specific legislation banning such relationships, failing to manage them appropriately could expose you
Ozzy Osbourne's star on the Hollywood walk of fame a tribute to his passing
By Becci Newton & Luke English July 28, 2025
Following Ozzy Osbourne’s passing, Woodstock Legal Services explores the legal steps behind the scenes—royalties, estates, and what this means for others.
DISCOVER MORE