Please help re name on a land registry.

timstevenson

Hi All,

I hope this is the right forum. Basically my Father put his name on his mothers land registry in 2013.He is obviously power of attorney as his mother has dementia and lives with a carer. Unfortunately he is now very unwell and I was wondering what would be the best solution in terms of changing the name on the land registry to cut down inheritance tax, and capital gains.

He has a sister but should he transfer it into his name and hers jointly. They were going to do that at one point but his sister was going through a divorce so didn't want too. He could transfer it to my sister and his sister? I don't know the best option.

Also I was wondering what the consequences are if he died before his mother and didn't change the land registry from his name. Or if he passed away first and did change the land registry.

All of these outcomes and the best way forward are troubling me.

Thank you so much

Tim

p00hsticks

timstevenson wrote: »

Hi All,

I hope this is the right forum. Basically my Father put his name on his mothers land registry in 2013.He is obviously power of attorney as his mother has dementia and lives with a carer. Unfortunately he is now very unwell and I was wondering what would be the best solution in terms of changing the name on the land registry to cut down inheritance tax, and capital gains.

He has a sister but should he transfer it into his name and hers jointly. They were going to do that at one point but his sister was going through a divorce so didn't want too. He could transfer it to my sister and his sister? I don't know the best option.

Also I was wondering what the consequences are if he died before his mother and didn't change the land registry from his name. Or if he passed away first and did change the land registry.

All of these outcomes and the best way forward are troubling me.

Thank you so much

Tim

I'm assuming your grandmonther is still alive ?
If so, then as a person with POA for her, your father has a legal responsibility while she is alive to act in HER best interests at all time.

That will almost certainly NOT include transferring assets that she owns, such as her house, out of her possession. Her keeping possession of the property ensures that it is available fro her to live in or can be sold to enhance her remaininng life and/or pay for her care.

I'm not sure what you mean by "putting his name on his mothers land registry" but I hope it doesn't mean that he transferred ownership of the property from her to him whilst he had POA and she was suffering from dementia, as this would almost certainly be seen as acting against his obligations to her as POA, and is potentially a seriosu offence.

Any opportunity to make changes to ownership of your grandmothers assets just in order to reduce inheritance tax or avoid care costs in favour of any future beneficiaries of her estate unfortunately passed when she lost capacity.

Penelope_Penguin

Are you asking about ownership of a property, when you refer to "Land Registry"?

When did your grandmother move out of the property?

Did your dad move in; if so, when?

Who lives in the property just now?

Do your aunt and your sister own properties of their own?

Somebody else will be along to assist soon, I'm sure.

G_M

Please confirm:

* the property belongs to your grandmother who has dementia?
* she still livs in the property, with a carer?
* the property is now registered in joint names: grandmother and your father? (or has he 'stolen' her property completely and put it in his sole name?)

It is her property, and any attempt to sell it, or transfer ownership away from her, would be illegal.

Having POA infers considerble responsibility to act in the best interests of the person represented.

If you are asking for Inheritance Tax planning, it is a complex area, and it is easy to make mistakes and end up either
* breaking the law (possibly already done!) or
* simply making things worse

Speak to a solicior specialising in wills, probate & inheritance tax.

And don't go transfering property from someone who is unable to speak for herself without knowing exactly what you are doing!

You might also want to google and read up on "deprivation of assets".