Mothers death, complicated situation - HELP!

justry4n

Hi all, my mother died recently, and has died without a will.
The situation is a complicated one. In a nutshell, my Mum's house is probably worth around 230k + 20k furniture inside. My mother had a boyfriend which had an agreement that if she died before him, he would move inside my mother's house and live out the rest of his days, and the boyfriend would offer his two properties to us and inheritance, both properties are brand new bought for 175k each.
So, in a nut shell, the boyfriend will live in my mother's house, and me and my brother will be gifted a house each. When/If the boyfriend days, we will then inherit my mother's original house as he will put this in his will.

The question I guess, is this possible to do? Will there be any massive taxes or things to pay to get this going?


"Sorry, I might not have made myself clear.

The deal would be, the boyfriend would exchange the two properties he owns outright in mine and my brothers name (1 mine and 1 my brothers) and we would put my mother's house in his name, and he would put us in the will to inherit my mother's home when he dies.

I'm currently in the process of buying my first home, so the home the boyfriend will give to me for my mother's home will be rented out."

Sea_Shell

Sorry if I've mis-interpreted what you've said...but No Will is No Will. Something they may have otherwise agreed between themselves is irrelevant.

Intestacy rules will apply. The boyfriend has no entitlement to anything, unless he was a part owner. If so, you'd need to check on what basis they owned. Joint Tenants or Tenants in Common. But it sounds like it was just HER house.

paddy's_mum

Sorry to be so cynical, but exactly what is to stop him 'forgetting' to will you those other two properties?

What happens if he marries and a widow needs providing for thirty years or so down the line?

I think you and your family cannot afford not to seek good legal advice.

I'm sorry for your loss and for the complications which have followed.

Yorkshireman99

justry4n wrote: »

Hi all, my mother died recently, and has died without a will.
The situation is a complicated one. In a nutshell, my Mum's house is probably worth around 230k + 20k furniture inside. My mother had a boyfriend which had an agreement that if she died before him, he would move inside my mother's house and live out the rest of his days, and the boyfriend would offer his two properties to us and inheritance, both properties are brand new bought for 175k each.
So, in a nut shell, the boyfriend will live in my mother's house, and me and my brother will be gifted a house each. When/If the boyfriend days, we will then inherit my mother's original house as he will put this in his will.

The question I guess, is this possible to do? Will there be any massive taxes or things to pay to get this going?

The arrangement is fraught with danger. If there is no will then he inherits nothing. You and your sioblings get the lot. You will need to apply for letters of administration. The boyfriend has no right to stay there and if need be will have to be evicted. Secondhand furniture has ittle value unless it really is antique.

justry4n

Sorry, I might not have made myself clear.

The deal would be, the boyfriend would exchange the two properties he owns outright in mine and my brothers name (1 mine and 1 my brothers) and we would put my mother's house in his name, and he would put us in the will to inherit my mother's home when he dies.

I'm currently in the process of buying my first home, so the home the boyfriend will give to me for my mother's home will be rented out.

Yorkshireman99

justry4n wrote: »

Sorry, I might not have made myself clear.

The deal would be, the boyfriend would exchange the two properties he owns outright in mine and my brothers name (1 mine and 1 my brothers) and we would put my mother's house in his name, and he would put us in the will to inherit my mother's home when he dies.

I'm currently in the process of buying my first home, so the home the boyfriend will give to me for my mother's home will be rented out.

Don't do it! there is no guarantee he would leave the property yo you in his will.

justry4n

Regardless though, we would be better of doing this because my mum's house split would only be 220k halfed, and this way we would get a brand new property worth 175k each?

enjoyyourshoes

https://www.gov.uk/guidance/sdlt-transferring-ownership-of-land-or-property

so you don't pay stamp duty on the gift of boyfriends property (as there is no mortgage)

I would suggest googling the situation to get the issues connected with the proposal, then go to solicitor to ensure ALL elements are debt with to everyones satisfaction and ALL consequences open.

paddy's_mum

Wouldn't it be simpler just to buy and sell in the normal way?

My every alarm bell is going off - why would he give you £350,000 worth of asset in exchange for £230,000 worth?

It all seems intensely complicated. Have you taken legal advice?

If (and I am not making accusations) he is out to bamboozle you, don't you think that a few hundred quid in solicitor fees might be the best investment you will ever make in your whole life?

kingfisherblue

justry4n wrote: »

Regardless though, we would be better of doing this because my mum's house split would only be 220k halfed, and this way we would get a brand new property worth 175k each?

Well, you can look at the situation that way if you want to, but I would be asking why he is giving away two houses in exchange for one, and coming out worse off.

My understanding is that when someone dies without a Will, the laws of intestacy are applied. This means that the boyfriend will not inherit anything, but your mum's closest relatives (you and your brother) are likely to inherit everything - but not for several months yet. You could use your inheritance to pay off some/all of the mortgage of your first home, after the house sale. If the boyfriend wants to live in your mum's house, he could sell his two houses to fund his wish.

There is no guarantee that the boyfriend will even write a Will, never mind leave property to you and your brother.

justry4n

As we class him as family, and obviously built a life with my mum he just wants an easy life now as he's retired, and doesn't care about money anymore.

We ideally want to keep my mum's house, so this way we get to keep the house with him, and me and my brother will get an asset each, which we can rent out for extra income.