Updating House deeds
noclaf
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I live in my parents house with wife and child. Father passed 2 years back, mother is in a care home. Mothers care is paid for with pensions+ LA top-up and LA confirmed house is not under consideration for her care fees due to a number of reasons which has been outlined/confirmed on email.
House deeds still show father's name and mother's name. I want to undertake renovation on the house as it needs a lot of TLC, parts of it in state of disrepair etc This will be at significant cost to myself.
Does it make sense to be added to the house deeds (in line with father's wishes in his last will to pass his share to me) before I undertake the house work?
What risks if any are there by not updating the deeds and adding my name? I can prove that I will be the beneficial owner (not sure the correct legal term) based on my father's will and other documentation but am I taking any significant risk by not adding my name and then spending a significant amount of money on renovations?
One potential risk even if unlikely is that retrospectively if the LA turns around and says actually we need to consider the house value.... renovation work would of increased its value and then I would be in a difficult position if I were forced to 'buy out' my mother's share but am hoping this doesn't happen...my mother's pensions are Civil and SP respectively so in theory will keep running to support her care costs. Is this even plausible?
House deeds still show father's name and mother's name. I want to undertake renovation on the house as it needs a lot of TLC, parts of it in state of disrepair etc This will be at significant cost to myself.
Does it make sense to be added to the house deeds (in line with father's wishes in his last will to pass his share to me) before I undertake the house work?
What risks if any are there by not updating the deeds and adding my name? I can prove that I will be the beneficial owner (not sure the correct legal term) based on my father's will and other documentation but am I taking any significant risk by not adding my name and then spending a significant amount of money on renovations?
One potential risk even if unlikely is that retrospectively if the LA turns around and says actually we need to consider the house value.... renovation work would of increased its value and then I would be in a difficult position if I were forced to 'buy out' my mother's share but am hoping this doesn't happen...my mother's pensions are Civil and SP respectively so in theory will keep running to support her care costs. Is this even plausible?
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And if you still have the house deeds, presumably the property is not on the Land Registry?
My terminology is incorrect, I have a 'copy'of the deeds, tenants in common with the relevant restriction listed on the deeds and my father passed his share (50%) of the house to me.
The property is listed on the Land Registry.
Also note parents were legally divorced (marriage annulled is the term) if that makes any difference.
For further context I lived in the house with my mother and was her carer for a number of years as she had Alzheimer's. I am also her Deputy via COP, due to the challenges of home care even with regular carer visits I took a decision to move my mother into a care home as I was struggling to manage.
My mother's will also states something similar to my dad's about passing her 50% share to me but as it currently stands only my dad's share has come to me due to his passing etc.
I need to be clear, this is not about dodging care costs or DOA as my mothers pensions and benefits all go towards her care and I manage the finances. It's more a question of do I need to do anything now based on current circumstances etc
*Just to add we have been fully transparent with LA on my mother income sources, all her pensions and savings go towards her care costs. If we weren't so transparent and/or trying to avoid the care fees relative to her income I don't think the LA would of been so understanding .... context is always important
The usual scenario is that the first parent to die leaves their portion to the children with the right to occupy left in trust to the other parent (sometimes step-parent). That had the advantages it protects half the value from care fees and that if the child(ren) are not resident, their portion does not attract Capital Gains Tax when it's sold.
In that case, the portion of the property does not pass to the children until the second parent dies, so no change is needed at the Land Registry
When did dad write his will? Before or after the divorce? Any remarriage?
If your father left you the property outright, you should register the change of ownership. Did you obtain probate?
Context- Whilst I can ask said family member to help with the update it would be so much easier if I could do it myself and take away the additional admin for them but, will follow whatever needs to be done in terms of the right process so if it must be the executor then we can get it done that way.
If needed, go to www.gov.uk/search-will-probate. It costs £1.50 but is now extremely clunky. If the surname is Smithson, you may have to use smit to get it to cough up options and they won't be in alphabetic order so you have to tab through. Check David Annal's youtube for a demo.