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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9668
Experience:  I have been practising for 30 years.
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I know someone whos Mum signed her house over to m 2 years

Resolved Question:

I know someone whos Mum signed her house over to him 2 years ago but remained in that house until she died recently. The son had been living in a council house with his 21 year old son for a number of years whilst owning a property his mum had signed over to him. He only gave up his tenancy when his Mum died & he then moved into the house that she had signed over to him 2 years previously.Was this legal & could he have made it legal?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

What exactly is the problem with this because there is nothing illegal in what the mother did.

Is someone challenging this?

Customer: replied 1 year ago.
I know what his mother did was fine but it was the son not declaring that he owned property while living in a council house for two years( not sure about whether he was claiming any benefits for that) that people are wondering about!!
Expert:  F E Smith replied 1 year ago.

The son should have declared that this property had been signed over to him although it is unlikely to made any difference with regard to the Council property that he was living in if a did it so it saved her leaving it to him in her will, and would save him applying for grant of probate when she eventually died and in the event that there may have been inheritance tax to pay, it avoided any inheritance tax.

In actual fact, it would not have avoided inheritance tax because it was a gift with reservation because she continued to live in the property. If she had not lived in the property, then the situation with the local authority would have been much different.

Having said all this, that’s not to say that the local authority could not be quite awkward over it.

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Best wishes.

FES.

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