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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience:  Over 5 years in practice
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Hi my name is XXXXX XXXXX

Resolved Question:

Hi my name is XXXXX XXXXX and i am enduring power of attorney for my mother and have been for the last three years, unfortunately my mother is now in a care home and suffers from dementia and other illness she is unable to understand whats going on and can not make any decisions, i have lived in the family home for over twelve years now and up in till my mother went in to a home over two years ago i was also her carer, i have it in writing that our local council will not be wanting my mothers house to pay for her up keep, my mother made a will before she became to ill and i am sole beneficial, (ie) the house, can i change or add my name to the house deeds, any advice you can give over this matter would be much appreciated, Thanking you Mr C XXXXXX

Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Has your mother written a will?

Who are the beneficiaries?

Why do you want your name on your mother's house?

Please confirm there is no mortgage outstanding.
Customer: replied 3 years ago.

yes my mother has left a will, i am the sole beneficiary, because if anything happens to me i want the house to go to my children, theres is no out standing moneys owned on the house

Expert:  Jo C. replied 3 years ago.

There is nothing legally to stop you doing this however you are only entitled to use your mother's assets for her benefit and not for yours.

As you are the sole beneficiary of your mother's will, there is no problem the house going to your children (even if it is still in your mother's name) in your will provided your own will is correctly worded.

For that reason, there is no reason to transfer it from your mother's name to your name.

If however your mother's estate is likely to be liable to inheritance tax you could transfer it to your name and provided it is in your name for 7 years it then escapes the inheritance tax equation. So it would be possible to justify that if your mother's total estate is over 325,000 but not if your mother's total estate (including houses savings etc) is under £325,000.

You are the sole beneficiary under your mother's will (I assume that you have no other relatives or siblings who would dispute the will) and therefore there is no one to challenge this in the fullness of time anyway. The court of protection may want you to justify it but I think you have a reasonable justification if it is for IHT purposes.

If your mother gets reassessed whereby for any reason she does become liable to pay for care, (unusual I know but worth mentioning) the local authority would still want the house to pay for that care or you would have to pay for it yourself.

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69985
Experience: Over 5 years in practice
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