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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22388
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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My Father is 89 years old (frail) but in good mental health

Customer Question

My Father is 89 years old (frail) but in good mental health and wants to sign his house over to me because I am not financially well off and currently live in rented accomodation. My sister (only sibling) is very well off and is not looking for money from my Father or me and is in total agreement to this arrangement. My Father is not currently living in the house as he has had to go into a care home which is being funded from his personal finances.
My Father's solicitors are not being very helpful and I just want to know if we (my Father, my sister and I) can do this legally. I do understand that should my Father live long (which is unlikely) and his personal funding runs out that I would responsible for him remaining in the care home at my cost - and totally agree with that. Can you advise if we, as a family could do this easily? Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Does your father have mental capacity?
Customer: replied 3 years ago.

Yes, my father does have mental capacity

Expert:  Stuart J replied 3 years ago.
There is no legal reason why you cannot do this at all. It is a simple transfer assuming no mortgage at 89 year old of course.
If the care fees cannot be met, the council would get an order to sell the house.
If father dies within 7 years they may be IHT to pay.

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