Transferring title deed over to to ultimate owner

ericamouse

I wonder if anyone could help me.  My Mother left me her house when she died which she solely owned.  She also left the same house for my Dad to live in for his lifetime and after this it would come to me.  My Brother and I are both trustees.  We did not change the title deeds to the trustees names and it is still in my Mothers name.  I have made a will leaving this house to my Daughter after my day.  I have just been diagnosed with Cancer so I was wondering with my Dads and Brothers agreement to have the property deeds put into my name so I can ensure it goes to my Daughter after my Father passes away.  The property in question is going to be included in the IHT form for my Father.  Could someone advise me on the best way to ensure my Daughter gets the property after me and my Fathers death.  Everything is so complicated and I don’t want to leave any problems for my children.  Thank you

xylophone

Your father had no legal or beneficial interest in the property that was solely owned by your mother?

Your mother's will created an IPDI  - an immediate post death interest in possession Trust which permitted your father to occupy the property until death (or some other event - going into care/moving out etc) but named you alone as the ultimate beneficiary? There was nothing in the will to cover what would happen if you predeceased the Life Tenant?


As things stand, it appears that you and your brother are the legal owners of the property as Trustees for your father's beneficial interest but also for you as the sole named (?) remainderman (ultimate beneficiary) of the Trust.

As  sole(?) remainderman, it would appear that you took a vested interest when your mother died - see
https://trustsdiscussionforum.co.uk/t/what-happens-if-one-of-the-residuary-beneficaries-of-a-life-interest-estate-dies/4709/3

You and your brother should consult a STEP solicitor as to the best way forward.

getmore4less

How old is the daughter?
Would she want to keep the property or just sell.

DO you have probate for your mother, that will be needed if she was the sole owner.

if daughter over 18 then probably the simplest solution if this is possible
Replace yourself with daughter as trustee and have legal ownership transferred to her and brother

you also have to consider the unlikely event that the daughter dies before the life tenant and possibly yourself.

Marcon

ericamouse said:

I wonder if anyone could help me.  My Mother left me her house when she died which she solely owned.  She also left the same house for my Dad to live in for his lifetime and after this it would come to me.  My Brother and I are both trustees.  We did not change the title deeds to the trustees names and it is still in my Mothers name.  I have made a will leaving this house to my Daughter after my day.  I have just been diagnosed with Cancer so I was wondering with my Dads and Brothers agreement to have the property deeds put into my name so I can ensure it goes to my Daughter after my Father passes away.  The property in question is going to be included in the IHT form for my Father.  Could someone advise me on the best way to ensure my Daughter gets the property after me and my Fathers death.  Everything is so complicated and I don’t want to leave any problems for my children.  Thank you

Sad news indeed.

Definitely one for a lawyer, who will need sight of the relevant documents including your mother's will. Unless there is something especially complicated (and doesn't sound like it), any competent solicitor should be able to assist perfectly well - although STEP gives you an added layer of assurance: https://content.step.org/step-directory