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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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In my fathers will my mother was given" her day" in their

Customer Question

In my father's will my mother was given" her day" in their house which will then be passed on to myself and my siblings.The same applied to a small farm of approx. 40 acres which will pass to my brother and then via a trust to his sons. . I believe that she therefore has an interest in this property. Does this mean that social Services can sell that property if she had to go into a nursing home?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hi thanks for your question. My name isXXXXX can answer this for you.

tdlawyer :

No, this is not what it means, as title to the property doesn't pass to her by the sounds of it, and hence she cannot own it for it to be sold to pay for fees. It sounds like she has a right to be in occupation only, with it then passing to you and others later.

Customer:

Farm land is definitely registered in her name to allow her to get CAP subsidies and unsure about the dwelling- would need to check with land registry. How critical is this? do we need to get all titles altered? My mother doesn't have a will of her own? Can she alter the terms of my father's will and sign all across now?

tdlawyer :

If all the beneficiaries agree it is possible to alter a will after death to the kind of thing you're talking about. You will need to get somebody to look at the will and consider the tax implications etc., but it's possible. If the farm is in her name, then this is potentially an asset that could be considered when deciding whether it should be sold to pay for care.

tdlawyer :

The problem is that any transactions designed to put assets deliberately beyond the reach of the council when it considers nursing home fees etc. may be challenged and disregarded.

Customer:

Whilst the farm has been registered in her name for two years since my father's death, she still only has her day on it too under the terms of his will and then passed on. Could it therefore be sold off by the Trust to pay for nursing home? What can we do to ensure this doesn't happen?

tdlawyer :

Not if it doesn't belong to her to do as she chooses with, it can't be.

Customer:

Does my Mum need to make her own will passing all assets over to us now or would it be better if my Dads will stands? Is the house and land better protected under the terms od his will drafted 20years ago?

tdlawyer :

Your mum would make her own will, and your dads will would have left (I assume) his interest in the property either to her or to some trust which grants rights to occupy the property for her lifetime. It really depends on what has happened under your father's will as to the legal structure and how this works moving forward. If it now belongs to her,then that's it - it's now hers. If gone into trust, it doesn't belong to her but she has rights to remain there.

Customer:

The situation is further complicated by the fact that my Mum's brother died in Jan this year and she has been left money (approx. £20,000 ) and her and her sister have been left his house which is valued at approx. £80,000. Probate has just cleared just last week and the property is now to be put on the market but as it is in a rural area and in need of refurbishment w

Customer:

may take some time to sell. I assume that she needs her own will to deal with these additional assets?

tdlawyer :

All significant assets should be dealt with in a will where possible, yes. It's possible not to do that, but then intestacy rules apply, and the best thing to do is put them in a will - always.

Customer:

The critical question is does Mum just address her new assets in her will or does she revisit the terms of Dad's will in relation to their house and land?

tdlawyer :

This will depend on a tax issues and how she will be treated in the event of any restructure. The best thing she can do is take details of all her assets and liabilites etc. to a lawyer to have make a judgement call based on what he own position, but I expect it might be beneficial for her to seek to revisit the terms of the earlier will if possible.

Customer:

I'm not sure what this means?

tdlawyer :

It means somebody needs to look at what the value of the properties are, assess her overall financial position, and work out what the best thing to do it. What is good for one person isn't necessarily good for another, and the value of the estates are important.

tdlawyer :

Do you have those details now?

Customer:

At the minute the only asset which she has full control of is her half of her brother's house which she has just acquired which may be worth approx. £35-40,000. Her own house and farm was valued at my Dad's death as £480,000.

Customer:

Are you coming back to me?

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
tdlawyer and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

I didn't get a chance to finish my queries

Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

Happy to wait- will keep checking my emails

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

have to go into town for approx. 2 hours. Can I get back to you later?

Customer: replied 2 years ago.

have to go into town for approx. 2 hours. Can I get back to you later?

Customer: replied 2 years ago.

What additional information is needed? I have given the relative values of the land and property which my Mum has an interest in!!

Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the exact wording of the Will?
Clare

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