Life Interest Trust, Land Registry changes required?

micklesthwaite

Hello,

Hoping from some more guidance form the forum as I work through my father's estate.
He and my mother (who is still alive) held their house as tennants in common and had mirror wills, each one leaving their half of the house to my brother and I, but with the stipulation that the surviving spouse can live in the house until they die. I believe this is called a Life Interest Trust (although those exact words don't actually appear in the wills, but my brother and I are named as trustees).

I understand from an answer to a previous post that I need to register the trust with HMRC.

What I am not clear about is what steps are now required with the Land Registry if any. Could anyone please advise. I pressume it should now be registered that the trust owns half the house?

thanks

Keep_pedalling

You can change the ownership but there is no real reason you have too at this stage.

micklesthwaite

Keep_pedalling said:

You can change the ownership but there is no real reason you have too at this stage.

Thanks for your continued advice KP.

Wouldn't my father's part of the house be available to the council for payment of care home fees for my mother if the land registry entry doesn't change?
That was the reason they were tenants in common.

Keep_pedalling

micklesthwaite said:

Keep_pedalling said:

You can change the ownership but there is no real reason you have too at this stage.

Thanks for your continued advice KP.

Wouldn't my father's part of the house be available to the council for payment of care home fees for my mother if the land registry entry doesn't change?
That was the reason they were tenants in common.

No, you have other proof that your mother is only the beneficial owner of his share of the house that will not be an issue. 

micklesthwaite

Is there any other document that exists as a result of the trust or is it only that a trust exists by looking at the will?

Keep_pedalling

The will creates the trust so that is the only proof you need.