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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10547
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My elderly uncle (through marriage & my Aunty has already

Resolved Question:

My elderly uncle (through marriage & my Aunty has already passed away) wants to transfer his property into my dad's (his brother in laws name) the reason being is that his legal next of kin (his sister, he has no children) and her family want him to go into a care home which my uncle does not want but is elderly and being bullied by his 'family' my Dad and our family have said we will help him stay in his home and look after him if need be, I am a qualified carer for the elderly and both my parents are retired so can help to look after him. My uncles family only got in touch with him 10 years ago realising they have an elderly person with a decent estate in their midst! But my dad especially and all of our family have been there for him and he's been part of our family for most of my dads life. Can my uncle transfer the deeds to the house so they can't force him into a care home without his 'family' bullying him? Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

There is absolutely nothing stopping your Uncle from transferring the Deeds to your Dad, provided your Uncle is capable of instructing his Solicitor to do this, and his Solicitor being happy that your Uncle is fully aware of the implications of giving away his property. As I have said, it would be up to your Uncle to instigate this and us Solicitors would be very wary if , for example, your Dad approached a Solicitor and asked him to do the paperwork on behalf of Uncle.

On a side point, as you may know, if the property is gifted, and for whatever reason your Uncle does eventually have to go into a Nursing Home, the state will normally still assess his capital as if the property was still owned by him, if they can prove that he gifted the property to avoid paying home fees.

I hope this assists and sets out the legal position.

Kind Regards

Al

Customer: replied 1 year ago.
Great thank you. All we want is to ensure my uncle gets to stay in his home for as long as he lives, as that's what he's said he wants. His other family have already persuaded him to change his will so we don't expect to be included in the will so not worried about inheritance tax affecting us? Hope this is right. We just want to protect him in his home. Thank you
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Well, provided he gifts the property during his life, it won't of course form part of his Will. However, for Inheritance tax purposes, please note that your Uncle will still be treated as owning the house IF he remains living there after the date of the gift to your Dad. This is because, for Inheritance tax purposes, the gift will be seen as "a gift with a reservation"- which is a gift which is seen by HM Revenue as a scheme to avoid Inheritance tax. Hence, I do not know how much your Uncle's property and estate is worth, but if it is over £325,000, there may be Inheritance tax to pay on his death. If there are not sufficient assets in his Estate to pay the tax, then your Dad would become liable for paying it, I'm afraid.

I hope this clarifies the position.

Kind Regards

Al

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Customer: replied 1 year ago.
That's fine thank you. All that matters is that he doesn't get forced out of his home, we can deal with anything else when/if the time comes. Thank you for your help.