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Original poster

Terminal Cancer

34 replies

PurpleNebula84 · 14/08/2023 14:01

Hi,

I'm just wondering if anyone would be able to advise what is best to do in this situation.
My mum has just been diagnosed with liver cancer and it is terminal.
She re-married a wonderful man in the 90's, who in every sense of the word (other than biological) has been my dad. As such, I will refer to him as my dad.
The house has always been solely in my mum's name, however the freehold was put in my dad's name when they finally bought the leasehold approx 10 years ago.
My dad had a messy divorce prior to meeting my mum and pretty much walked away with nothing and his adult children basically disowned him too.
My mum's worry is, that on her death, the house will obviously pass to my dad (that's not the worry) - she fears when the worst eventually happens to my dad that my step siblings will appear claiming a stake on the house. Both are quite clear they do not wish this to happen and the house should go to me and my brother when both have passed.
Is there anyway, legally, to address this? I want to make sure that their wishes are watertight and give them both some reassurance at this difficult time.
Thanks

OP posts:
Lochroy · 14/08/2023 14:55

Have they got wills?

Lochroy · 14/08/2023 14:58

Sorry, hit post too soon. It was all be sorted out as they wish with wills. Also it isn't to be assumed it will automatically pass to your Dad. Did they buy the freehold? You mention freehold and leasehold.

Sorry to hear about your mum.

autumnboys · 14/08/2023 15:03

When an elderly relative of mine disinherited a child, she was advised to add a paragraph to her Will explaining this and why. Encourage them to seek legal advice.

prh47bridge · 14/08/2023 19:55

If he makes a will leaving the house to you and your brother, your step siblings are unlikely to be able to make a successful claim. As @autumnboys says, explaining why he is doing this will help. They could still try to claim under the Inheritance (Provision for Family and Dependants) Act, but they would be unlikely to succeed unless one of them is in real financial difficulties. He should seek legal advice to ensure the will is drawn up correctly.

SummerWillow · 14/08/2023 20:02

Your Mum leaves the house to you and brother in her will with your Dad entitled to a life interest in it for his lifetime. This means he can live in it for ever or sell it and buy another but on his death, the proceeds can only pass to you and your brother. This is a very common situation with second marriages which a lawyer will easily know what to do with.

Parky04 · 14/08/2023 20:31

Where do they live as you can't disinherit your children in Scotland. That's why my aunt ensured she spent every single penny before she died!

MissLucyEyelesbarrow · 14/08/2023 21:07

SummerWillow · 14/08/2023 20:02

Your Mum leaves the house to you and brother in her will with your Dad entitled to a life interest in it for his lifetime. This means he can live in it for ever or sell it and buy another but on his death, the proceeds can only pass to you and your brother. This is a very common situation with second marriages which a lawyer will easily know what to do with.

This. Don't really on your Dad's will, no matter how honest he is. He might marry again, for instance, (sorry to mention this, but widowers often do) and come under pressure from his new wife to leave her the house.

prh47bridge · 15/08/2023 07:52

If your mother owned the house (or part of it), making a will leaving him a life interest as some @SummerWillow suggests would be the way to go. However, your OP says your dad owns the freehold. If that is the case, the house already belongs to him, and your mother's will is therefore irrelevant. The house won't pass to him when she dies. It is already his.

If they now decide to transfer the house into joint names or into her sole name, she could leave him a life interest in it with it then passing to you and your brother. However, if he dies within 6 years of transferring part or all of the property into her name it could still be included in an Inheritance Act claim by your step siblings. As per my earlier post, a claim is unlikely to succeed unless one of them is in real financial difficulties.

prh47bridge · 15/08/2023 08:03

Just to clarify, if they wanted to put it into joint names, they should do so as tenants in common. She would then own 50% of the house, so that would form part of her estate and what happened to it would be governed by her will.

SummerWillow · 15/08/2023 15:11

Ah yes @prh47bridge I somehow missed that, thanks for updating 🙂.

MissLucyEyelesbarrow · 15/08/2023 15:29

Ah, I read the OP as meaning that the father was added to the freehold when they bought it, not that he is the sole freeholder.

BlueMoe · 15/08/2023 21:59

I read that the Freehold as being the Ground. The part of the asset that the landlord previously owned.

Original poster
PurpleNebula84 · 16/08/2023 00:47

Thank you for your responses - apologies for the delay in responding - I haven't received any notifications.

Bit of an unexpected turn of events, my mum has been admitted to hospital and it isn't looking good.

To answer a question re the freehold. They originally used to pay ground rent, but got the option to buy a few years ago. They bought it and this was put in my dad's name only.

OP posts:
prh47bridge · 16/08/2023 07:49

Sorry to hear about your mum.

The fact the house is in your dad's name means it belongs to him. Your mum does not own any part of it. Her will is irrelevant and, given her current condition, now is not the time to think about transferring part ownership into her name. Therefore, what matters is that your dad seeks proper legal advice and makes a will explaining what he wants to happen when he dies and why he doesn't want your step siblings to inherit. If he does that, it is unlikely they will be able to challenge the will successfully.

Vermin · 16/08/2023 08:01

Previous post is nonsense. The freehold is a separate asset to the leasehold. Get a solicitor briefed and over to the hospital today - get someone accustomed to this type of situation as a statement relating to your mother’s capacity will be essential (am assuming serious pain meds). Her interest in the leasehold to be left to children with life interest to husband. He will need to deal with his interest in leasehold and the freehold separately at a later date but of course there’s always the potential for him to change it / choose to leave it to the cats home. Good travels to your mother x

prh47bridge · 16/08/2023 09:16

No, my post is not nonsense.

As this is a house, the lease will almost certainly have been cancelled when OP's parents purchased the freehold. OP should, of course, check if this is the case. If the lease has not been cancelled then yes, OP's mum should leave her dad a life interest. However, if it has been cancelled there is nothing for OP's mum to leave.

Original poster
PurpleNebula84 · 16/08/2023 12:46

Thanks again for all your comments. It is now unfortunately too late as my mum passed this morning.
Will have to probably go down the route of making sure my dad's will stipulates the reasons why as mentioned above.

OP posts:
twittywoo · 16/08/2023 13:07

I'm so sorry for your loss Flowers

MissLucyEyelesbarrow · 16/08/2023 17:41

So sorry to hear this, OP.

drpet49 · 16/08/2023 17:49

SummerWillow · 14/08/2023 20:02

Your Mum leaves the house to you and brother in her will with your Dad entitled to a life interest in it for his lifetime. This means he can live in it for ever or sell it and buy another but on his death, the proceeds can only pass to you and your brother. This is a very common situation with second marriages which a lawyer will easily know what to do with.

I would advise her to do exactly this. This is the only way to protect the house

Needanewnamebeingwatched · 16/08/2023 17:50

So sorry for your loss xx

prh47bridge · 16/08/2023 19:26

Sorry for your loss

SummerWillow · 16/08/2023 19:28

Sorry for your loss 💐

Original poster
PurpleNebula84 · 16/08/2023 21:45

Thank you xx

OP posts:
Boysnme · 20/08/2023 08:05

MissLucyEyelesbarrow · 14/08/2023 21:07

This. Don't really on your Dad's will, no matter how honest he is. He might marry again, for instance, (sorry to mention this, but widowers often do) and come under pressure from his new wife to leave her the house.

Show quote history

Completely agree with this. This is what has happened with my dad. He’s remarried a couple of times and now first step kids he’s brought up (like you) will get nothing and bio kids will only get if they fight for it (which they won’t do). All money from all sides of his previous families will now end up going to his current wife’s kids.