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Mums house in a trust

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Hi all, I was unsure where to place this post but hope someone here can provide clarity.

My mum placed her small home ( say £100k) into a trust for me and my brothers & sister, she is 82yr old but in reasonable health so don't anticipate her going anywhere soon. She believes that in September 2019 ( 10 years anniversary of the trust) the legal ownership of her home will in someway automatically transfer to us. Is this correct? and if so what are the legal and financial implications. Obviously she will remain in her home whilst she is fit and able

Many thanks in anticipation

Comments

  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    Is this the 10yr rule she is thinking of:
    https://www.gov.uk/guidance/trusts-and-inheritance-tax
  • SeniorSam
    SeniorSam Posts: 1,673 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 28 July 2019 at 8:33AM
    Answered in your other post
    NO, that is not correct. The Land Registry should clarify that the Deeds are in the name of your mother and the Trust with the named Trustees. When your Mum dies and you have obtained Probate, the Trust can be broken up and the house sold with the proceeds going to the beneficiaries named.
    If this is a Discretionary Trust, the Trustees have the option to pass on their interest to the next generation if they do not wish to add that value to their own estate value. There may be capital gains tax for the Trust to pay when your Mum has died,so professional advice should be sought.

    In addition, there may be tax to calculate at the 10 year point if a Trust received any income.
    I'm a retired IFA who specialised for many years in Inheritance Tax, Wills and Trusts. I cannot offer advice now, but my comments here and on Legal Beagles as Sam101 are just meant to be helpful. Do ask questions from the Members who are here to help.
  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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