How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14282
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

Assistant: How can I help? My mum has terminal bone cancer

This answer was rated:

Hi
Assistant: Hello. How can I help?
Customer: My mum has terminal bone cancer and is on palliative care with limited time left and my dad has vascular dementia and Alzheimer’s. He is no longer of sound mind.My mum is my dads next of kin and takes care of the finances.
Assistant: Where is this? It matters because laws vary by location.
Customer: My mum is my dads next of kin and takes care of the finances.They are both in a care home.Neither of them have a will.Whilst my mum is I’m still of sound mind, what do we need to do to ensure everything transfers to me and I can take care of things if my mum passes away before my dad.
Assistant: What steps have been taken so far?
Customer: Rotherham, south yorkshire
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: no
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 5 days ago.
Hi, please cancel the question

Good morning. I will assist with your question if you still want me to answer?

are there any other beneficaries?

is there a property?

and is your mother able to make a will now?

Customer: replied 5 days ago.
No there are no other beneficiaries or property.
She would need to make a will urgently due to her condition

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:

 

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

 

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.

 

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

 

You may need to login again to use the rating service. Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

 

It's important that you use the rating service because that gives me credit.

 

It doesn't just give me a pat on the head! It's what gets me paid!!

 

There is also an experts incentive scheme whereby the more 5 star ratings I get I do actually get a pat on the head!

 

All you need to do is press Submit.

 

Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

 

 

 

 

 

Customer: replied 5 days ago.
Thank you

I am glad to help. Please don’t forget to use the rating service because it means that I can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Thank you.

Best wishes

F E Smith, Advocate
Category: Law
Satisfied Customers: 14282
Experience: I have been practising for 30 years.
F E Smith and 4 other Law Specialists are ready to help you