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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8444
Experience:  I have been practising for 30 years.
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My 81 year old Mother who is now living in sheltered

Resolved Question:

My 81 year old Mother who is now living in sheltered accomodation. she has 3 pensions which she manages to live on and pays her rent.
She part owns her house as she took out equity release with Avia.
My brother is living in the house and has paid off the equity release of nearly £50,000
The house is worth £1000,00 approx.
He paid of the equity realease as he is 55 and received his pension wanting to buy mum's house.
He was made bankrupt and works from home as a webdesigner and part time sales and dosnt get a regular income and my mum wants to help him.
I , my brother and sister also want to help as that is my mums wish. We all agree to let him buy the house for £80,000. As he has paid off the equity release already, my mum would receive £30,000.
My other brother has put my mums £30,000 into 2 seperate isa's to keep for her care if and when she needs it Please could you give us advice on this.
We need to sort this very soon as the house is in her name and we need to change the deeds.
Submitted: 1 month ago.
Category: Law
Expert:  F E Smith replied 1 month ago.

What is it that you want to know about this? Do you have a specific question?

Customer: replied 1 month ago.
We want to know if it is ok for the family to keep the £30,000 safe which will go towards any serious care she may need. I am applying to be her carer but if I could no longer care for her she will need extra care.
If we keep it in her account she will then have to pay council tax so the money would slowly be eaten up.
My mums memory is not very good and she needs me to help sort this out with my brother.
I know I can download the appropriate forms to change the deeds into my brothers name.
She will be gifting him the deficit owed to her.
Is every thing I have mentioned ok to doCaroline Crook
Customer: replied 1 month ago.
Aso the sheltered accomodation she lives in now is not the house she part owns which my brother is buying.
Expert:  F E Smith replied 1 month ago.

The local authority are not allowed to touch the last £23,000 of your mother’s assets.

If you change the deeds into your brother’s name, it is likely to be challenged by the local authority if they want to get their hands on the house to pay for care and hence, he will have to show that he paid money for the property and that it wasn’t sold under value.

Although he may have paid the equity release off, it would appear that it’s going to be worth more than he is paying for it.

The forms that you need from the land registry to do the transfer are AP1, TR1 and ID 1. The ID 1 needs a photograph certified by a solicitor as being a true likeness.

If you got a solicitor to do this, it would help with any future argument with the local authority. A local solicitor would probably charge you a few hundred pounds (certainly under £500) plus the land Registry registration fee for doing the transfer and removing the Equity Release charge.

Can I clarify anything for you?

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We can still exchange emails. Best wishes.


F E Smith, Advocate
Category: Law
Satisfied Customers: 8444
Experience: I have been practising for 30 years.
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