Do I need to amend named person on house deeds

adeo

Yes dad is in rude health, has named me in his will to take ownership of house upon his death.im named trustee and executor. Has given me deeds to house. Dad's in his mid 80s he discussed with me last year regarding sorting his will. house can't be sold as my 30 year old nephew my dad's grandson and his long term partner lives with my dad for several years.

adeo

Savvy_Sue said:

At the risk of going COMPLETELY off topic, it has only just dawned on me that Dad's not yet dead.

Have you and he had proper advice about the implications of him giving you his house? Why is he doing this? It's not going to make life easier after his death, it could make things very difficult for each of you.

What implications? I'm named trustee, executor and owner on his will.

Tiglet2

OK, let's go back to the heading of this thread, asked by OP:

Do I need to amend named person on house deeds?

No, you do not.  You will become the Executor of the Will and beneficiary according to the Will only after your dad has passed.  

Giving you the physical deeds has no legal standing.  Your dad is the owner, you are not and therefore you do not have authority to dispose of his house now.

If you and your dad want you to have ownership of this property, then it is classed as a disposal, i.e. your dad will be selling and you will be buying and you will both need to instruct separate solicitors.  You won't be able to do this yourself by filling in a few Land Registry forms.  You can register the property with the Land Registry at the same time.

If your dad wants to add your name to his title, then that is a Transfer of Equity whereby your dad is still an owner, but jointly with you as Tenants in Common or Joint Tenants.  You can also register the property with the Land Registry at the same time.

BUT google Deprivation of Assets and read about it, though if your dad is in rude health, then it might be fine.

adeo

Tiglet2 said:

OK, let's go back to the heading of this thread, asked by OP:

Do I need to amend named person on house deeds?

No, you do not.  You will become the Executor of the Will and beneficiary according to the Will only after your dad has passed.  

Giving you the physical deeds has no legal standing.  Your dad is the owner, you are not and therefore you do not have authority to dispose of his house now.

If you and your dad want you to have ownership of this property, then it is classed as a disposal, i.e. your dad will be selling and you will be buying and you will both need to instruct separate solicitors.  You won't be able to do this yourself by filling in a few Land Registry forms.  You can register the property with the Land Registry at the same time.

If your dad wants to add your name to his title, then that is a Transfer of Equity whereby your dad is still an owner, but jointly with you as Tenants in Common or Joint Tenants.  You can also register the property with the Land Registry at the same time.

BUT google Deprivation of Assets and read about it, though if your dad is in rude health, then it might be fine.

Thanks for your help, much appreciated 👍

Mojisola

adeo said:

Yes dad is in rude health, has named me in his will to take ownership of house upon his death.im named trustee and executor. Has given me deeds to house. Dad's in his mid 80s he discussed with me last year regarding sorting his will. house can't be sold as my 30 year old nephew my dad's grandson and his long term partner lives with my dad for several years.

It would be worth your Dad getting the first registration done with the Land Registry - and, having done our property recently, I would suggest using a solicitor to do it rather than DIY.

When you do finally inherit, switching ownership will then be a simple matter that you can do yourself.

Having other people resident in the house may cause problems if they are still there when your father dies.  If they are in any way being financially supported by your Dad (maybe not paying a reasonable rent), they will have a claim on your father's estate. 

Savvy_Sue

Mojisola said:

adeo said:

Yes dad is in rude health, has named me in his will to take ownership of house upon his death.im named trustee and executor. Has given me deeds to house. Dad's in his mid 80s he discussed with me last year regarding sorting his will. house can't be sold as my 30 year old nephew my dad's grandson and his long term partner lives with my dad for several years.

It would be worth your Dad getting the first registration done with the Land Registry - and, having done our property recently, I would suggest using a solicitor to do it rather than DIY.

When you do finally inherit, switching ownership will then be a simple matter that you can do yourself.

Excellent advice here: you wouldn't be able to transfer Dad's property after his death without registration. Certainly if he doesn't do it now, you knowing where the deeds are is useful, but far better for him to deal with it. 

Mojisola said:

Having other people resident in the house may cause problems if they are still there when your father dies.  If they are in any way being financially supported by your Dad (maybe not paying a reasonable rent), they will have a claim on your father's estate. 

And this. In your position I'd want to be very clear I understood the terms of the trust to be set up by your dad's will, and I'd want to be very clear that your dad understood them too. For example: is it his intention that his grandson should be able to live there until he dies? AND the partner, what if grandson dies first? They may both outlive you, which gives you no benefit whatsoever from this house (unless you live there too, of course). Your own will might also need attention, because who gets this house then? And so on ... 

adeo

Savvy_Sue said:

Mojisola said:

adeo said:

Yes dad is in rude health, has named me in his will to take ownership of house upon his death.im named trustee and executor. Has given me deeds to house. Dad's in his mid 80s he discussed with me last year regarding sorting his will. house can't be sold as my 30 year old nephew my dad's grandson and his long term partner lives with my dad for several years.

It would be worth your Dad getting the first registration done with the Land Registry - and, having done our property recently, I would suggest using a solicitor to do it rather than DIY.

When you do finally inherit, switching ownership will then be a simple matter that you can do yourself.

Excellent advice here: you wouldn't be able to transfer Dad's property after his death without registration. Certainly if he doesn't do it now, you knowing where the deeds are is useful, but far better for him to deal with it. 

Mojisola said:

Having other people resident in the house may cause problems if they are still there when your father dies.  If they are in any way being financially supported by your Dad (maybe not paying a reasonable rent), they will have a claim on your father's estate. 

And this. In your position I'd want to be very clear I understood the terms of the trust to be set up by your dad's will, and I'd want to be very clear that your dad understood them too. For example: is it his intention that his grandson should be able to live there until he dies? AND the partner, what if grandson dies first? They may both outlive you, which gives you no benefit whatsoever from this house (unless you live there too, of course). Your own will might also need attention, because who gets this house then? And so on ... 

My dad's wish upon his death in the will is that his grandson continues to lives there rent free, which may cause financial issues for me trying to financially pay for the upkeep of the property, as my dad has named me as owner and landlord!
My dad doesn't financially support his grandson and partner, they do give some housekeeping money to my dad via standing order but not a set amount per month, just seems to be as and when they feel like donating money! I know this as I'm have a joint bank with my dad!

adeo

Mojisola said:

adeo said:

Yes dad is in rude health, has named me in his will to take ownership of house upon his death.im named trustee and executor. Has given me deeds to house. Dad's in his mid 80s he discussed with me last year regarding sorting his will. house can't be sold as my 30 year old nephew my dad's grandson and his long term partner lives with my dad for several years.

It would be worth your Dad getting the first registration done with the Land Registry - and, having done our property recently, I would suggest using a solicitor to do it rather than DIY.

When you do finally inherit, switching ownership will then be a simple matter that you can do yourself.

Having other people resident in the house may cause problems if they are still there when your father dies.  If they are in any way being financially supported by your Dad (maybe not paying a reasonable rent), they will have a claim on your father's estate. 

How would they have a claim on my dad's estate as I'm named trustee and executor. My dad's only wish in will for grandson to continue to live there rent free!

RAS

If your father is subsidising the grandson and partner, they could claim under the Inheritance Act. They only have 6 months to stake their claim within 6 months of probate being granted.

What I can't quite understand is why you'd even want to inherit a house you (and possibly your beneficiaries) have to maintain for your whole life (and possibly beyond)  whilst getting no benefit from it because it is occupied by a freeloader?

Much better for dad to just leave it to his grandson.

adeo

RAS said:

If your father is subsidising the grandson and partner, they could claim under the Inheritance Act. They only have 6 months to stake their claim within 6 months of probate being granted.

What I can't quite understand is why you'd even want to inherit a house you (and possibly your beneficiaries) have to maintain for your whole life (and possibly beyond)  whilst getting no benefit from it because it is occupied by a freeloader?

Much better for dad to just leave it to his grandson.

I want to inherit it because it's my childhood home with lots of great memories and sentimental value. Also because I currently rent in a part ownership which is quite expensive, and that needs to be maintained also! My dad's wish is for me to keep and move into his house upon his death per his will .
As for a freeloader, IE my nephew and partner will obviously have to start paying their way at a reasonable agreed monthly standing order towards usual utility bills etc!