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Mother-in-law and father-in-law bought a house as a tenancy in common.
Father-in-law had died so his "half' of the property is now in a trust (I believe it's called a fixed-trust) with a power for executors to delay the sale to allow Mother-in-law to live in it (right to occupy trust).
The mother in law now has dementia and will need care. Options are equity release to fund carers to care for her in her home or a deferred payment account with the local authority to fund residential care.
In each case, the charge will only be taken against mother in law's interest in her half of the property.
Q1. Will the trustees, as guardians of the estate interest in the house, need to be parties to the financial agreements/register the charge?
Q2. It has been suggested land registry may not recognise/register the charge unless it is approved by the owner of the other half. Is this commonplace?
Q3. Local authority seems unwilling to offer deferred charge whilst the other half of the property is in thrust. Any reason why?
Q4. As mother in law doesn't have capacity and there's no attorney will selling the property need to court of proterction?
Many thanks for considering this issue.
Father-in-law had died so his "half' of the property is now in a trust (I believe it's called a fixed-trust) with a power for executors to delay the sale to allow Mother-in-law to live in it (right to occupy trust).
The mother in law now has dementia and will need care. Options are equity release to fund carers to care for her in her home or a deferred payment account with the local authority to fund residential care.
In each case, the charge will only be taken against mother in law's interest in her half of the property.
Q1. Will the trustees, as guardians of the estate interest in the house, need to be parties to the financial agreements/register the charge?
Q2. It has been suggested land registry may not recognise/register the charge unless it is approved by the owner of the other half. Is this commonplace?
Q3. Local authority seems unwilling to offer deferred charge whilst the other half of the property is in thrust. Any reason why?
Q4. As mother in law doesn't have capacity and there's no attorney will selling the property need to court of proterction?
Many thanks for considering this issue.
