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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