Advice Needed please!!

[Martin-SS]

My parents and my brother bought council house 5 years ago unfortunately they have passed away in last 2 years,there is only me left so the house goes too me,The last one to pass was my dad jan 18th , nothing yet as been signed over without mortgage . I got married 3 years ago my wife as got 3 children grown from previous marriage. I moved in to try look after my family 6 years ago, we sat down as a family decided to buy the ex-council house,we decided to all agree and promise as a family to pass it down too my daughter and my grandson. As I got married 3 years ago I’m worried if anything happens to me and my wife kids from her 1st husbands can’t wait too get hold of house basically they are scrounges,I’m the only siblings left,my daughter as moved back too Uk last month with child. Because my dad as only just passed in January Iv not yet sorted any deeds out. My question is what is the best way too make sure my daughter and grandson get the house .can I sign house over or some kind of trust,I trust my daughter 100 percent and this was my parents wish before passed.**
My family worked all their life, they would turn in their graves if my daughter and grandson ended up homeless.

[lawboy65]

This could be sorted out quite simply.* Although it isn’t clear that you have become the sole owner as you mention something about deeds and a mortgage.* Are they in your sole name?
Did your late father die intestate, without a will?*
If these presumptions are fact then you should consult a solicitor to make a will of your own as you are now a property owner.* They will explain that you can create a trust which will mean that after your death and the death of your wife, the property will pass to your daughter.
*

[Martin-SS]

Sorry .. the house has no mortgage and with me being the last one in our family it makes me the sole survivor, as I am still in the house but not yet done my deeds. Unfortunately my father's Will had got lost and not found in time but I know he wanted it straight to my daughter's name as she is his only granddaughter. Do you think its possible to still do this?*

[lawboy65]

*

Trust Wills are legal ways to further increase the protection of assets that are left to others in a testator's will. A Trust is a legal structure which can be included as part of your will and can offer increased asset protection for your loved ones. These types of trusts allow people to protect their estate from potential care fees in later years, to secure gifts and inheritance for children.* You should consult a solicitor to set this up.* Fees will be applicable.

[des8]

If you are the only beneficiary following your father's passing (either named in his will or following the rules of intestacy) the house could be passed directly to your daughter if you make a deed of variation.

[Martin-SS]

If I don't want the house , is there a way just to sign it over to my daughter? As I am aiming to do this straight away even before I pass away.

[des8]

If you don't want the house the easiest way to pass it to your daughter is by way of* variation ( the deed can be as simple as a letter)
This means it is passed as if left to her in the will.
helpful website:*https://www.gov.uk/alter-a-will-after-a-death

If you gift it to her (which is entirely possible) and you pass away within the next seven years there will be tax implications

[lawboy65]

The only concern here is that you trust your daughter to allow you to remain in the property after she becomes the sole owner.* I apologise, but I have dealt with a number of cases where, once the title deed is transferred to a child, the child takes action to remove their parent(s) from the property.* I am not suggesting for one minute that this is the case.* However, you could take legal measures to protect your right to remain in the property.

[wcampbell]

Hi, I am an Estate Planner and Probate Specialist and Legal Researcher. Please visit my website will-trusts-probate.co.uk where you can chat with me live. I can help you by doing in-depth legal research for you, or the Law firm that I work for can take over the entire probate process for you for a fixed fee.
Contact me and I will help you. Just head over to my website and use the chat function any day before 9pm, and I will be more than happy to answer any questions you have.


Wanda Campbell
Will-trusts-probate.co.uk
WCampbell@will-trusts-probate.co.uk