Left house in will but deeds put in siblings name

John0420

Advice needed please, recently my mother has had a stroke and been put into a care home. The will leaves the house to my sibling and I - my sibling now lives in the house, and due to financial matters has requested the deeds be transferred into their name, which I have possibly foolishly agreed to. When the will is executed, does this impact my claim?

Thanks 

xylophone

Advice needed please, recently my mother has had a stroke and been put into a care home. The will leaves the house to my sibling and I - my sibling now lives in the house, and due to financial matters has requested the deeds be transferred into their name, which I have possibly foolishly agreed to. When the will is executed, does this impact my claim?

Your mother is in a care home - how are her fees being paid?

A will does not come into effect until a person has actually died.

Do you/your brother have LPA for your mother? If not, how does he plan  a (legal ) transfer of the property into his own name?

And even if he does have LPA, since every action taken by an attorney must be for the benefit of the donor, how is he going to justify this?

The LA will certainly investigate if being expected to pay your mother's fees - and if there is a PoA and the LA have reason to suppose it is being abused, expect a comeback from the Court of Protection.

And by the way, if the house is transferred into your brother's name, how could your mother's existing will possible take effect? It would be as if she had given the property to your brother in her lifetime!

You'd better think again.....

John0420

I'm asking for when the will comes into effect. As far as I know my brother has LPA, the fees will be paid for when she dies from the house equity. My question is if the deeds are in his name and the will leaves the house to both of us, does that mean I'm not legally entitled? Unfortunately I don't really know the ins and outs and have blindly agreed to the above. 

xylophone

My question is if the deeds are in his name and the will leaves the house to both of us, does that mean I'm not legally entitled? 

If the house is transferred into your brother's sole ownership while your mother is still alive, then he becomes the sole legal owner of the property.

It would be as if your mother had made him alone the gift of the property. She would no longer own it.

She cannot bequeath what she does not own! 

-taff

He's asked you to put the deeds in his name because if she is in a care home and her money to pay for that runs out, the house will be sold to pay for her care. Even if you did put the house in his name at the oment, that's deprivation of assets and the council paying for the care home can force a sale anyway. Then it will get very messy. Don't do it.

John0420

Thanks all, so basically the sole asset left to me is no longer in my mums name so I legally get nothing! 

prowla

John0420 said:

Thanks all, so basically the sole asset left to me is no longer in my mums name so I legally get nothing! 

...if it's already signed & transferred, yup.

xylophone

the fees will be paid for when she dies from the house equity. 

Has the LA registered a charge against the property? If so, has the LA been advised of the change of ownership?

What reason did your brother give you for transferring the property into his sole name, (if this is what he has done)?

Have you checked the Land Registry?

https://www.gov.uk/search-property-information-land-registry

John0420

xylophone said:

the fees will be paid for when she dies from the house equity. 

Has the LA registered a charge against the property? If so, has the LA been advised of the change of ownership?

What reason did your brother give you for transferring the property into his sole name, (if this is what he has done)?

Have you checked the Land Registry?

The reason I was told was to cover existing debt and pay for the care home. I haven't checked the Land Registry, does that make any difference? Sorry what is LA? My brother was advised to take this course by his solicitor. 

I've obviously taken so much on trust as I'm the other side of the country, but my brother has already lost one house he owned outright due to bad money management and moved in rent free with the proviso he'd "look after mum", which lasted all of 4 weeks after she had a stroke before putting her in a home. I'm furious, but in the time of duress did what I thought was best for mother. 

xylophone

LA = Local Authority.
The Land Registry should show how the property is owned.

The reason I was told was to cover existing debt and pay for the care home. I haven't checked the Land Registry, does that make any difference? Sorry what is LA? My brother was advised to take this course by his solicitor.

I am utterly mystified. Whose debt is being covered? How can transferring the property into your brother's name "pay for the care home"?

Your brother's solicitor told him to transfer your mother's property into his (your brother's) sole name?

On what possible grounds?  Are you sure you have the right end of the stick?

John0420

I'm honestly not sure why, when you put it like that. I signed a hand written letter agreeing the deeds be put in my brothers name. Tbh it all came about so suddenly I just did what I was asked on trust to ensure my mother had the care she needed. I have absolutely zero understanding of any of the legal implications and absolutely should've got legal advice, but was assured this was what needed to be done.