Can family members contest House Deeds

Brock_and_Roll

dancingfairy wrote: »

Yes, the solicitor should have a conversation with her about why she is leaving certain people out of her will and this should be carefully noted. In fact she may want to leave a token amount to them (So they can't claim she forgot about them etc).
Definitely worth a solicitor whilst she is still around to sort it out.
df

Alas nothing you put in your will negate the right of a person to make a claim under the Provision of Dependents Act. From my background reading on the subject, the real purpose of the legislation when first mooted was to cover situations where for example a person with say young children or a bedridden partner dies but leaves evrything to the RSPCA in their will. Since then there seems to have been "mission creep".

Under the legislation the following people, inter alia, can make a claim:

• Surviving spouse/civil partner, and former spouse/civil partner who has not remarried.
• Children of the deceased or those treated as children of the deceased.
• Non-family members who have been maintained by the deceased e.g. cohabitees including same sex cohabitees.

[The bold bits are be and may be relevant in this case]

Once it is established that a person has a claim, there are a number of tests to determine the level of the maintenence.

Where the claimant is surviving spouse, the court would consider:

a) The age of the applicant and duration of the marriage;

b) The contribution made by the applicant to the welfare of the family of the deceased, including any contribution made by looking after the home or caring for the family

Brock_and_Roll

OP - having re-read your posts when you refer to "her husband" are you referring to your sisters husband or a partner/husband or your mum?

troubleinparadise

mani_man wrote: »

My mum is looking to put her house on my name. I dont live with my mum but my sister and her husband and two kids do can my sister and her husband contest the house deeds. Because my mum has left me her house in her will but her husband has hinted that he would contest the will thats why we thinking to change the house to my name. If we do this can they contest the deeds I no they can contest a will.

If your mum transfers the ownership of her house to yourself, and then she continues to live in the house she will need to pay you a market rent (which you will need to pay income tax on) to deal with the issue of "a gift with reservation" for tax purposes for as long as she stays there.

http://www.hmrc.gov.uk/inheritancetax/pass-money-property/pass-home-to-children.htm

If your sister and her family also continue to live there you will need to inform them of the change of ownership as there will be legal implications with regard to tenancy rights.

Your mother will also make herself vulnerable to losing her place of residence if you are made bankrupt, divorce, or just decide that you wish to sell the property. Should she need care in her later years, she may find it more difficult to make choices as she no longer has an asset to fund care; or to downsize and live on the proceeds of a house sale; can she afford to just give away a house?

If she is determined to do this, then both she and yourself must take legal advice on all the issues involved.