Terminal Cancer

[PurpleNebula84]

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

posted before reading your update. So sorry for your loss x

Yes this is what we have done, via a solicitor.

Yes me too. Very sorry to read about your mum.

I am really sorry for your loss.

This is not going to be something you look at immediately but it is possible to vary the will as long as all parties agree. You have two years to do this. If you want to give your dad a lifetime interest in the property you will probably need to draft that with a solicitor. When you are ready get legal advice.

https://www.gov.uk/alter-a-will-after-a-death

You can change a will to:
• reduce the amount of Inheritancee or Capital Gains Taxx payable
• provide for someone who was left out of the will
• move the deceased’s assets into a trustt_
• clear up any uncertainty over the will

To repeat, OP's mum did not own the property. When they purchased the freehold, it was put in her dad's name. As this is a house, the lease should have been cancelled when OP's mum and dad purchased the freehold. If that is the case, there is no point varying the will. If dad already owns the house outright, nothing in mum's will can change that. She can't leave a lifetime interest in the property as it is not hers to leave.

@prh47bridge I read it as being that the leasehold house is still owned by the mum but the freeholder is now the dad. OP wrote that the house had 'always been in mum's name' and 'My mum's worry is, that on her death, the house will obviously pass to my dad (that's not the worry)'. So at the time of death it was the mum's house

Anyway whoever has owned the house over the last few years there are options to ensure that the house is ring fenced from step children claims whether that's

• vary the mum's will
• step dad give away the house to OP and brother but retain a lifetime interest
• step dad write a will to provide for OP and brother and include details of why not leaving anything to his bio kids.

Wouldn't the lease only have been cancelled if the leaseholder bought the freehold? And as they are two separate people (albeit married) the lease couldn't be cancelled in this case so the property is still leasehold and in the mum's name.

Obv if they don't vary the will the leaseholder and the freeholder will be the same person - the dad - and now the lease could be cancelled. Presumably that is a choice though as he may wish to sell one separately in the future? Caveat: I am not a lawyer.

As they were married, I would expect them to have bought the freehold by exercising the leaseholder's right to buy, albeit then putting the property in his name. Essentially the same as her buying the freehold and then giving it to him. In that case, the lease should have been cancelled. As per one of my previous posts, it is possible that this didn't happen, in which case OP's mum still owned the leasehold and that could be affected by her will. However, if the lease has been cancelled there is nothing for OP's mum to leave.

Just to add, note that OP's concern is not to protect the property against him remarrying. It is to protect it against possible claims from his adult children.