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can my dad add me to his deeds instead of in his will?

janoggy
janoggy Posts: 6 Forumite
edited 16 March 2011 at 12:36AM in House buying, renting & selling
deleted thank you

Comments

  • googler
    googler Posts: 16,103 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Tempting to suggest ask a solicitor who's well-versed in wills and inheritances, and possibly also an accountant who knows inheritance tax.

    It may cost, but it may be money well spent.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    edited 2 July 2009 at 8:07AM
    IHT will not be an issue - I assume you mother is no longer with us in which case some or all of her allowance will also be available when the estate is valued so you have a large margin before IHT would occur

    my deepest sympathy for this sorry state

    realistically being on the deeds will not stop your brother taking the posessions etc, the only way to ensure that is to change the locks (now?)and not give him a key!

    what matters is what it says in the will, this will be more important than if your name is on the deeds before hand. enforcement of the will by the executor controls who owns the assets after death, the executor of the will has a legal duty to ensure that, for example, the house is transferred to the correct person. I assume your brother is not an executor? If he is rewrite the will now!

    Disputing a will is not easy as I assume the one your father has done was properly executed (witnessed etc) and equally importantly is held somewhere securely by someone who will not be influenced by your brother.

    sorry to be blunt but if your father is frail, have you considered setting up an enduring power of attorney now whilst your father is still able to sign it, this would give you the right to step in and control his affairs and would exclude your brother from doing anything with your father's affairs before death if your father "loses it"

    PS - council tax not an issue. Either your father currently lives alone and is paying CT without any prblems (claiming the 25% single person discount) or someone (you?) already lives with him as their residence, in which case full CT is already (?) being paid. The names on the deeds are only relevant if someone stops paying the CT, in which case the council will come after the "owner", BUT when your father dies, no CT will be payable until probate has been granted, and even then you can still claim a further 6 months 100% Class F exemption after the grant, provided no one lives there in those 6 months. You will only pay CT after probate (and Class F exemption has expired) if either you or a tenant move in and live there (the tenant is liable first, the owner second), or if the property remains vacant, then yes you will pay CT after death because it will then be your second home and you will be on the deeds as the liable owner
  • david29dpo
    david29dpo Posts: 3,986 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If he wants you solely to have the house, best to add your name to the title as joint tenants now. This only involves a few forms from the LR if there is no mortgage. Then get him to rewrite the will for the rest.
  • kazwookie
    kazwookie Posts: 14,343 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Go and get good advise from a solicitor
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