We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Joint tenants and trusts
Options

cheshireperson
Posts: 22 Forumite

Hi - so sorry for this long post- I'm really panicked about this. All paperwork for IHT is nearly done , but on checking it, I've come across a real headache. My mum died in 2016 and the house was transferred into my Dad's sole name- (the title deeds show they were originally joint tenants). The solicitor's letter at the time says "as joint tenants, I have transferred the house into your sole ownership". My Dad passed away in March this year. The problem is that I've just read my Mum's will and instead of just leaving the house to my Dad, it mentions him being allowed to live there and something about it being in trust to me and my brother. I have a vague memory that they did this so that the house couldn't all be used for care home fees. I know that no official trust agreement was set up nor were they tenants in common. Not sure whether I should now treat the house as a trust?! I'd be so grateful if someone could help. Thank you .
0
Comments
-
This sounds very much like an Immediate Post Death Interest trust. This is relevant if your parents were tenants in common, in which case the solicitor's letter makes little sense. Was this the same the firm who wrote the will? If so, they should have ensured that the tenancy was severed.
At the time the will was written and when your mum died, IPDI trusts did not need to be registered. More recently, old IPDI trusts should have been registered with HMRC. But the trust was terminated when your father died, so it's of limited relevance now, assuming that dad's will leaves more than 50% of the property value to be shared between your self and your brother?If you've have not made a mistake, you've made nothing0 -
If you are 100% sure the tenancy was never severed and at the time of her death they were still joint tenants then that clause would fail and the trust would never have existed.2
-
Thank you for that ! I’ve ordered a copy of the land register documents on the date of my Mum’s death as proof . The solicitor’s letter to my Dad also states “as joint tenants “ . I wonder if I should include a letter in with the IHT forms explaining , with the proof ?0
-
cheshireperson said:Thank you for that ! I’ve ordered a copy of the land register documents on the date of my Mum’s death as proof . The solicitor’s letter to my Dad also states “as joint tenants “ . I wonder if I should include a letter in with the IHT forms explaining , with the proof ?
As for the letter to HMRC I dont see what that would offer you all in relation to any tax implications although (and i may be corrected here) would mean that there is likely to be the spousal tax relief that can be applied to the estate for purposes of IHT
Rob0 -
What is the total value of your father’s estate including the house? Did you have to apply for probate and do an IHT return for your mother’s estate?0
-
Hi Keep Pedalling . There was no IHT applied for for my Mum as it all went to my Dad . Estate is 800k - I just hope I can still claim transferred NRB and RNRB with this “hiccup” .0
-
cheshireperson said:Hi Keep Pedalling . There was no IHT applied for for my Mum as it all went to my Dad . Estate is 800k - I just hope I can still claim transferred NRB and RNRB with this “hiccup” .2
-
cheshireperson said:Hi Keep Pedalling . There was no IHT applied for for my Mum as it all went to my Dad . Estate is 800k - I just hope I can still claim transferred NRB and RNRB with this “hiccup” .
As probate was not required for your mother’s estate there will be no public record of her will, so if the house is now solely in your father’s name I would simply administer the estate on the basis that no trust exists. If your mother’s estate was incorrectly administered there is no point in trying to retrospectively correct that, as it will make no difference to the tax situation it will just prolong things and create costs.
0 -
Keep_pedalling said:cheshireperson said:Hi Keep Pedalling . There was no IHT applied for for my Mum as it all went to my Dad . Estate is 800k - I just hope I can still claim transferred NRB and RNRB with this “hiccup” .
As probate was not required for your mother’s estate there will be no public record of her will, so if the house is now solely in your father’s name I would simply administer the estate on the basis that no trust exists. If your mother’s estate was incorrectly administered there is no point in trying to retrospectively correct that, as it will make no difference to the tax situation it will just prolong things and create costs.0 -
cheshireperson said:Keep_pedalling said:cheshireperson said:Hi Keep Pedalling . There was no IHT applied for for my Mum as it all went to my Dad . Estate is 800k - I just hope I can still claim transferred NRB and RNRB with this “hiccup” .
As probate was not required for your mother’s estate there will be no public record of her will, so if the house is now solely in your father’s name I would simply administer the estate on the basis that no trust exists. If your mother’s estate was incorrectly administered there is no point in trying to retrospectively correct that, as it will make no difference to the tax situation it will just prolong things and create costs.You will more likely have problems if you declare a trust that was never registered with HMRC.2
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 350.9K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.5K Spending & Discounts
- 243.9K Work, Benefits & Business
- 598.7K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards