If your mother dies without leaving a will, your father will get the first 250,000 pounds of her assets plus any assets which are joint plus 50 percent of the remainder with children getting 50 percent of the other remainder.
As the majority of that would go to your father who is in care, if is care is not fully funded, that would get gobbled up by the local authority to pay for care fees.
Your mother needs to write a will extremely urgently.
She needs to do something else.
If the marital home is joint tenants, she needs to sever the joint tenancy and she needs to do that TODAY. Firstly she needs the land registry title deeds you don’t have them already.
You can get the title deed and the plan quickly and easily by using this link:
and you will have to pay 3 pounds for the title deed and 3 pounds for the plan.
You will then have them in minutes if not seconds.
I will explain the difference between Joint Tenants and Tenants in Common.
You need the title deed (you don’t need the plan) to the property.
You will see that it has three sections
A Property Register which describes the property
B the Proprietorship Register which says who owns it
C the Charges Register which gives details of mortgages, leases, restrictive covenants and anything else which affects the property.
Have a look in B Proprietorship Register
You are looking for a restriction along the lines of “No disposition by a sole proprietor et cetera et cetera”
That restriction may or may not be in there. I know it’s rather odd wording.
If the restriction is NOT in there than the property is held as Joint Tenants which means that when one co-owner dies, the deceased persons share passes automatically to the other under the right of survivorship.
Even if there is a will leaving the deceased persons share to someone else, it’s not effective, and the deceased persons share still passes to the survivor, regardless of what the will says.
If the restriction IS in the title deed then the property is held as Tenants in Common which means that when one co-owner dies, the deceased persons share passes in accordance with the terms of their will or, if there is no will, under the Rules of Intestacy.
So your mother needs to give your father a one line letter saying that she severs the joint tenancy of the property. It doesn’t matter that he can’t understand it and he can’t do anything about it.
She then leases and land registry form SEV https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/490405/SEV.pdf
To the Land Registry. That severs the joint tenancy and puts the restriction on the register and ring fences her half of the property. However, in conjunction with that she then needs a will to leave her assets to you.
If you explain the situation, any solicitor will come out to see your mother and do the necessary and you could have the will and the whole of the joint tenancy severance finished within a day or so.
If you can’t get a solicitor to come out in the short-term (they will charge extra for the home visit) then one of the DIY Wills from high street stationers are perfectly acceptable provided they have been completed properly or we can point you in the right direction.
Can I clarify anything else for you?
I am happy to answer any specific points arising from this.
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