Advice on Last Will & Testament

[Southern Area NNC]

Not sure if the above issue is covered in this group but if so I am after some advice.

 

My Dad is in his late 90's and on his death leaves everything to my Mum, also in her 90's but housebound. It is our intention and the request of Mum that when Dad has passed that the property she is currently living in is sold, we sell our property as well and we purchase a property with an annexe and self contained toilet / shower facilities where Mum could live out her days with us. There is no way on this Earth that she would go into an old folks home and it's certainly not on our agenda. Our daughter is their registered carer who currently looks after them.

 

Mum's Will as it stands at present states that I inherit her estate on her death.  She is talking about transferring the property she  currently resides in to me so that I can handle the sale of both properties. As her Will currently stands, the property she is living in will have already been sold so the Will won't be applicable. Could she change her Will now to state that on Dad's passing her property passes to me or can she gift the property?

 

The simple thing would be for Dad to change his to state that the property transfers to me but he is currently suffering with dimentia. He hardly knows what day of the week it is and gets very confused and agitated.

 

Any advice would be grateful.

Thanks

[honeybee13]

Hi.

 

I think you may need advice from a wills and probate lawyer on this, to make sure everything is right. especially given your father's problems.

 

If you want to do your own research, the CAB website is quite good and there may be others I don't know about.

 

One thing I can see a potential problem with and we're asked this a lot if you look around the General Legal forum, is your parents' house being transferred to you and your mother continuing to live there if she doesn't pay you a commercial rent. Have a read online about Retained Interest.

 

HB

[Southern Area NNC]

Thanks. Yes I'm planning on speaking to a lawyer but wondered if any frequent here. Mum won't be living in her place once Dad passes as she is not very mobile, she'll be with our daughter who has a suitable room in the short term until we purchase another property. As far as she's concerned her property will be cleared and placed on the market as soon as Dad's passed. Partly due to it being too big and costly for her to keep running.

[honeybee13]

We don't allow lawyers to promote themselves here so the advice we give will be from individuals who have experience of dealing with wills and probate/inheritance tax matters.

 

HB

[Ethel Street]

I agree with HB that you need advice from a specialist solicitor. There are potentially Inheritance Tax issues here and your father's dementia, if it means that legally he no longer has the mental capacity to make decisons is a further complication. Do you hold PoA for your father?

 

Your planning assumes that your father dies before your mother but it may not happen that way. A solicitor will draft Wills to deal with either eventuality.

 

If your father dies first and your mother wants to sell her house there's no need for her to first transfer it to you to sell it on her behalf. I'm sure she could give formal authority to you to sell it on her behalf, a solicitor could draft the necessary authority. 

 

Alternatively, and possibly better, would be for you have formal Power of Attorney. Again you need a solicitor's advice. I sold my mother's house under PoA when she lost mental capacity through dementia. She needs to sign the PoA while she still has mental capacity.

 

Is your father currently sole owner of the house they are both living in?

Edited March 6, 2021 by Ethel Street

[Southern Area NNC]

Thanks for your help. I will be arranging a meeting for her to see a Lawyer so things can be sorted correctly. No, my Dad is the joint owner with Mum.