Inheriting the Home I Live in

[Sammy986]

Good afternoon, I would like some advice regarding my circumstances.

I live with my father who has a type of Palsy and the end of his life is nearing. He is leaving me the family home to me only in his will and wanted to know implications I would face after his death?

He has also just been diagnosed with dementia, so I'm guessing the house now cannot be transferred to me as he is now not of sound mind? He kept telling me over the years that we should just transfer it over, but I could never come to terms that he would ever be that unwell, I guess I was protecting myself from facing the inevitable.

I have lived at the home since 1975, so would I be entitled to continue living there, until the will process is completed, considering I am the sole beneficiary?

Thank you for any guidance.
Sammy

[EXC]

Hiya

It's not my area but I would imagine that if you are the sole named beneficiary of the house in the will and have resided there for nearly half a century there would be no issue at all continuing to live there. I suppose that you could apply for an LPA (which would entail quite a bit of work given your father's dementia) but in respect of the house I'm not sure it's worth it. However it might be an idea for other aspects of his financial affairs.

I'll ask des8 to see what he thinks.

[Sammy986]

Thank you for your response @EXC

[des8]

Hi there.
More questions before answers I'm afraid.

Can we assume your mother has already passed away?
Did your parents have any other children?
Are you in England/Wales or Scotland?

The onset of dementia does not necessarily mean your father does not have sufficient capacity to make a will.
People with quite severe dementia can have moments of lucidity.
If he was to make a will (if he has not already executed one) I would suggest a solicitor is used, who will make an assessment and keep notes of your father's condition. If this was to happen and someone challenged the validity of the will, a judge would decide if your father had capacity at the time of executing the will.

Is there anyone likely to challenge the validity of your father's will

Regarding transfer of the house, I think your problem would be if your father has to be cared for in a home.
Obviously don't know your family financial position, but the local authority when trying to recoup care home fees might decide the transfer was deliberate deprivation of assets in an attempt to avoid paying those fees

[Sammy986]

Hi Des,

My mother has passed away.
I have one sister (my father disowned) and did not include her in the will.
I live in England
My father already made the will years ago while completely sound of mind.
When my father and mother made their wills years ago, my father left everything to me 100% and my mother left 50% to me 50% to my sister (which for both is pretty much the family home)
In regards anybody challenging the will? It was done years ago, so unlikely my sister would have any foundation to challenge.

[des8]

So we now need to ask a further question!

How did your mother and father own the home... was it as tenants in common or joint tenants?

If they owned it as joint tenants your father would have owned it in its entirety on your mother's passing.
If they owned it as tenants in common then, depending on the wording of your mother's will her share will have passed to you and your sibling.

very probably the validity of the will cannot be challenged on the grounds of incapacity if it was executed some years ago, but your sibling could still make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Whether or not such a claim would be successful it is not possible to say.

[Sammy986]

I'm not sure regarding the common or joint? I have downloaded the title register from LR and both my fathers and mothers names appear as owners. There is no mention of common or joint?

[des8]

So the house is still registered in both names i.e. both your father and mother.

If it was owned as tenants in common there will be a restriction registered in Section B Proprietorship Register stating:
"No disposition by a sole proprietor or the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court"

[Sammy986]

Section B states the below

B: Proprietorship Register This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal. Title absolute 1 (05.07.1990) PROPRIETOR: (Dads name) and (Mums name) of (Address and title no)

[Sammy986]

I've just read that my father should have contacted the land registry with my mothers death certificate to update their records, is this correct?

[des8]

I was coming to that when we had ascertained how they owned the house

As they were joint tenants you need to send the Land Registry an original or certified copy of your mother's death certificate together with form DJP (https://www.gov.uk/government/public...proprietor-djp).


So to go back to the beginning, your mother was not able to leave her share of the house to anyone, because the way in which it was owned meant it automatically became your father's property in its entirety.
This means he can dispose of it in any way he wishes, all to you if that is his choice.
However as mentioned in post 6 your sibling could make a claim under the Inheritance Act.
There is always the possibility that she will challenge the validity of the will, even if without reason.
If she embarks on either of these courses, beware of rising costs.

A further consideration is the fact you have been living in the property for nearly 50 years, and probably contributed to its maintenance in that time (either in money or maintenance work)
This will give you a beneficial interest in the property, besides the legal ownership.

If your sister does make a claim, you will most probably need professional advice to protect your interest

[Sammy986]

Des I cant thank you enough for your help. I will certainly seek professional advice, just hope its as good as yours!

[Sammy986]

Des, may I ask a few questions regarding the DJP form

1) Is it okay for me (the son to complete the form) - I am named as the informant on my mothers death certificate.

2) Does it make any difference that my mother died 6 years ago. Any issues with submitting this late?

3) Does this ideally need to be completed by a solicitor or is it a simple enough process for me to do it myself?

[des8]

Des, may I ask a few questions regarding the DJP form

1) Is it okay for me (the son to complete the form) - I am named as the informant on my mothers death certificate. Yes

2) Does it make any difference that my mother died 6 years ago. Any issues with submitting this late? No

3) Does this ideally need to be completed by a solicitor or is it a simple enough process for me to do it my self ?DIY

Answers above.
For belt & braces you could enclose a short covering letter explaining your father has just passed away, and whilst sorting out his affairs you discovered he had never notified Land Registry of the death of his wife, the joint tenant of the property and you are now bringing the situation up to date

[Sammy986]

Thanks Des, you are very generous with your wisdom and time!