Father's will

[AndSoFinally]

Not really sure if this is the right topic.

My father is dying. He didn't intend to make a will as my mum and him are married and he wants everything to go to her. We've talked in the past about them signing over assets to my sibling and I, but didn't get around to it and then my father became ill so (I'm guessing) it would have been considered deprivation of assets, and do we didn't bother.

My mother is also ill (although not dying) so couldn't sign over any assets either.

My father is now considering changing his mind and making a will. He wants to change the deeds on their house so that he and my mother are now tenants in common rather than joint tenants (is that the right way round?) and to leave his half to my sibling and I.

Is it possible to change the way they own the house like this? There is no mortgage any more. If he were to do this, would this achieve the aim of "ring fencing" his half to save it from any care home fees that my mum might accrue? I know people have varying opinions on this, but her half of the house would obviously still be used to pay her fees if this were needed. They don't have a lot. The house is only worth about £180k so no inheritance tax.

Would my mum need to pay us rent if we did this or would it not matter?

Their whole financial situation is a complete mess, but just wondering if this would even be possible? Thanks in advance for any help

I am so sorry, what a sad and difficult time.

I don't have any knowledge or experience to share, just a barrowful of sympathy.

I hope the MN lawyer types can help you. Take care.

Thank you x

So sorry to hear about your father. I don't know the answer to your question, but a couple of "bumping" comments. Firstly, and this is difficult, what is your father's prognosis and do you expect him to retain full capacity for enough time for this to be done? Second thought - while the state will step in and pay for you mum's care if she needs it, what the state will pay for vs what you might want for her may be two very different things. It might be that you would rather the house money is spent on better quality care for her. Obviously that is a very personal decision but it's worth a thought.

I think if he gets a move on he will be able to do it, but I don't think he has very long.

If he were to leave the money to my sibling and I, it would be tied up in the house until after my mothers death anyway. I think if she were in care if it came to her having used up all her own assets and really not wanting to move, we would use ours to keep her there. Depending on where she was, it may just switch to social services funding without her having to move. It's just a case of having options rather than it all automatically going to the government, I guess.

My DF did this before he died. His half of the house went into a trust for me and DB and DM's half is her's. DF's half cannot be used for care home fees but should she need care DM's half would. You need a lawyer to draw something up OP.

Surely she’d have to agree to that change, rather than him make the change on his own?

Yes, it's quite common. His half can be left to you & your siblings & your mother would have a life interesting in his half - so she can live their and use the sale proceeds to buy a new place, if she wants to move

www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

Found it - he doesn’t need her consent but there are some legal steps he would need to take to inform her of his intentions.

Yes this can be done, my late DF’s will left his half to my sibling and I with a lifetime interest for my mother to guarantee she could live in the asset (or new asset in this case as she sold the marital house and bought a bungalow) until such times she no longer can or passes.

The lifetime interest protects her from my sister and I forcing a sale of the property while she still needs it - not that we would but I imagine there exist (unscrupulous) children who wouldn’t think twice.

Thank you all, that's really helpful.

Would this be a specialist will writing or could any will writer do it? How much is it likely to cost and how long does it take to get a will written?

Hi OP, I think due to the nature of the lifetime interest, this would need to be drawn up by a solicitor - my memory is vague but the cost (four years ago) was something in the region of £400 plus VAT ….not cheap but a very worthwhile investment.

all the best to you and your family x

Hi OP, from my limited experience with my own Father's will, this should all be possible but you need a solicitor.

Perhaps report your OP and ask this to be moved to legal and you will get firmer answers.