If you sign your house over to someone before you die...

[MrsSchadenfreude]

...does that make an earlier will, saying that the house should be sold and the money split between the six surviving children, null and void?

My gran signed her house over to one of her sons a few months ago (allegedly on instructions of her solicitor ) and he is telling the other siblings that the house is his and they have no claim to it (nice).

To clarify - he has the deeds in his name, he doesn't have power of attorney for my Gran

If it's no longer hers, then it won't be part of her estate and so won't be part of the will. He does sound nice . Is there any doubt that she was of sound mind when she signed it over? If she was, I don't think there's much that can be done.

Does she still live in the property?Does she pay market rent? If so,but with no rent, it will be potentially be classed as a gift with reservation and will be added back into her estate If she has moved out, then the house is out of her estate. She has to live 7 years before it will be completely outside for IHT purposes, it is still a potentially exempt transfer until then.

She does still live there but doesn't pay rent. Or she did live there till she went into hospital.

So if it is a gift with reservation, will he still get it?

THank you all for your help!

He will still get it but there may be an IHT bill depending on the size of the estate.

If she needs to go into care it could be deemed she has signed it over to avoid paying fees and it would still be taken into account in any assessment. Solicitor should have advised a new will at same time, surely.

It would have made more sense to transfe to the 6 chidlren's names and then she pays a rent back so no reservation of benefit and IHT - if it is worth enough for IHT. I would get them to put it into the names of all the children now if she can be persuaded.

Or if the brother won't be persuaded write to the solicitor saying you believe the grandmother did not know what she was doing and explain about the earlier will etc.