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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My Mother is 92 Years Of Age. I am the sole Beneficiary

Resolved Question:

My Mother is 92 Years Of Age. I am the sole Beneficiary named in my Mother's Will.
My Mother's Property is a Bungalow Valued at £300,000. There are no Financial Assets, no Savings etc. Only a weekly Pension and Lower Rate Attendance Allowance. Any further expenses I willingly Pay with my own money.
At present I am living with my Mother to be a full-time Carer until my Mother eventually 'Passes On'.
My Question is - As mentioned, at Present I am sole Beneficiary of my Mother's Estate and Legally Documented in my Mother's Will.
My Mother wanted to Gift her Bungalow to me now. However, for various reasons, I think this would be un-wise.
However, my Mother could keep 99% of her Bungalow and Gift me 1% with a Reservation Of Benefit.
Legally, what is the difference to me between already being the only Beneficiary in contrast to owning 1% of the Property now.
When my Mother 'Passes On' please can you explain what would happen?
Submitted: 8 months ago.
Category: Law
Expert:  Aston Lawyer replied 8 months ago.

Hi Josephine,

Thanks for your enquiry.

To be honest, I feel there is nothing to gain for either of you if the bungalow were to be transferred in the percentages quoted or indeed any other percentage split. As you are her sole beneficiary, it makes little sense in transferring the percentage to you now. If your Mother did decide to proceed, she would incur legal fees in dealing with the transfer, and the Deeds would need to be changed. Then, the Deeds would need to be changed again when anything happens to your Mother, and Probate would also need to be obtained by you.

If your Mother were to do nothing, then the Deeds can just be changed on her death, and you would need to apply for Probate.

So, it would be cheaper to do nothing. As and when anything happens to your Mother, you would need to apply for Probate as her Executor. This can be done personally, by you applying to the local Probate Registry, or you can instruct a local Solicitor to deal with the application for you (he would likely charge approx. £300 plus VAT). Once Probate is issued (which is the evidence that you have the right to deal with your Mother's Estate/property), you would then nee to instruct a Solicitor to prepare the necessary Land Registry document transferring the bungalow to you (called an Assent). This document is signed by you and then registered at the Land Registry.

I hope this helps and sets out the legal position.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Customer: replied 8 months ago.
Thank you very much for your informative response.I did not think there was going to be a response due to thinking the Payment had not gone through.A different Lawyer has explained that immediately on my Mother's Passing, the 99% would be added to my 1% and the Bungalow, now belonging to me, could be put on the Property Market straight away.This would be of help to me, because on my Mother's 'Passing', I would want to return to my own Home straight away.In Summary, for me, the 99% and 1% Transfer With Reservation Of Benefit, would be beneficially Time Saving.Once again, thank you for your response.

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