Terminally ill relative wants to sell house

[Binuchander]

Hello

I would appreciate some advice on a tricky situation.

My father is terminally ill. He owns his house outright and my sister and I are joint 50% each beneficiaries of his will. He is unable to live independently and is living half the week with me and half the week with my sister. Doctors have said prognosis is no more than 3-6 months.

My sister has a joint bank account with him (the only account he has) and as he is too unwell to live alone she has convinced him to sell his house.

My question is - if the house sells whilst he is alive and the money goes into the joint bank account that my father has with my sister, if my father then dies soon after - will all the proceeds of the house go to my sister rather than be divided 50% each between me and her. If so, can the proceeds of the sale be sent direct to me and my sister rather than via my father?

Thanks in advance

[Pezza54]

Hi
You should consult the conveyancing solicitor when the property is up for sale.
Ask if the proceeds of the sale can be deposited in a new joint bank account with the three of you as joint account holders.
Definitely do not let the money be deposited in the existing joint account.
The solicitor will understand the reason why not

[atticus]

If your father does this, then there is a risk that funds in the joint account will all go to your sister. Have you discussed this with her? If she agrees, some form of agreement can be drawn up, although if she is not going to be straightforward you will then have the problem of enforcing it.

Does your sister hold power of attorney for your father?

Why does the house have to be sold now? Why not wait and deal with it as a probate sale?

[Binuchander]

Thanks Pezza54 and Atticus.

It is all becoming a bit underhand and starting to concern me. She has convinced dad to sell the house and I suspect her plan is to have the money deposited in the joint account knowing full well that she could end up with all of it this way. The will may be 50/50 but at the end of the day 50% of zero is of no use and there are no other assets of note.

We both hold joint POA for our father and decisions need to be made together. The relationship with my sister is not great - lots of recent fall outs. My father has fluctuating capacity and I am not sure he fully understands the consequences of his decisions.

I am going to try and delay the sale - he probably won't be alive when it goes through anyway