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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My father put his house into a trust fund in myself and my

Resolved Question:

My father put his house into a trust fund in myself and my brothers name in 2004.For whatever reason the land registery transfer was not done until July 2004 when he was still in reasonable health.The local concil are now claiming deprivation of assets by my father.
What can be done.
Submitted: 2 years ago.
Category: Law
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.
I am not certain that the dates that you have given are correct as there does not seem to have been any delay involved!
How old was your father when he made the gift and what was the reason for doing it?
Clare
Customer: replied 2 years ago.

Hi Clare,

He was a healthy 82 and the reason was to put his affairs in order when he and my mother were gone.

Expert:  Clare replied 2 years ago.
Hi
Could you explain a little more about what that phrase is meant to mean (sadly that is crucial)
Clare
Customer: replied 2 years ago.

Hi,

I don't know these are my fathers words my brother and I were only the trustees.

Expert:  Clare replied 2 years ago.
Hi
How old is he now and how much is the property worth?
Clare
Customer: replied 2 years ago.

Clare,

I made a mistake in my initial question the land registry transfer was not done until July 2012 he is 92 and the value is 150k.

Expert:  Clare replied 2 years ago.
Hi
Just to check - neither you nor your brother live at the property?
Clare
Customer: replied 2 years ago.

No we live over 100miles away.

Expert:  Clare replied 2 years ago.
Hi
I am afraid that even if the Transfer had been registered when it was signed you would be in the same position as you are now
The only realistic reason for transferring the property to you and your brother is to avoid Care home fees, and if that is the case then they can simply assess him in the basis that the property is still available to him.
This does not mean that you cannot challenge it - but to do so you will need to give a clear reason for the decision to do this
Please ask if you need further details
Clare
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