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Advice re wills
I have been requested to ask this question on behalf of another relative in a nursing home my father is in.
A lady at the home owns a house jointly with her mother on a tenants in common basis and has no living children.
She is 63.
At present the council cannot take the house to pay the fees as she is over 60 and an owner occupier.
She has met a man who lives in a council house and they are thinking about moving him into her jointly owned property. He is 62.
I know if the daughter dies before her mother the council could force a sale of the property.
If she wills her half of the house to this man and he becomes a half owner in the event of this ladies death could the council force him to sell if the mother is still alive?.
A lady at the home owns a house jointly with her mother on a tenants in common basis and has no living children.
She is 63.
At present the council cannot take the house to pay the fees as she is over 60 and an owner occupier.
She has met a man who lives in a council house and they are thinking about moving him into her jointly owned property. He is 62.
I know if the daughter dies before her mother the council could force a sale of the property.
If she wills her half of the house to this man and he becomes a half owner in the event of this ladies death could the council force him to sell if the mother is still alive?.
Answers
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Hi factor30
My first thoughts were if the lady dies and the man is the beneficiary of her will and she is the beneficiary of her mother's will he would in effect step into her shoes in the event of her death and take over her rights to the house.
It is however a situation I had not thought of until she mentioned it. My other thoughts are could it be argued deprivation of assetts had happened but the daughter would have caused the situation to happen through using her right to will her half this man and not the mother.
To be honest I would be surprised if this situation has happened to anybody on answerbank but it must have happened at some point in the past.
I think he would be in the least entitled to half the proceeds of the house but I may be wrong.
My first thoughts were if the lady dies and the man is the beneficiary of her will and she is the beneficiary of her mother's will he would in effect step into her shoes in the event of her death and take over her rights to the house.
It is however a situation I had not thought of until she mentioned it. My other thoughts are could it be argued deprivation of assetts had happened but the daughter would have caused the situation to happen through using her right to will her half this man and not the mother.
To be honest I would be surprised if this situation has happened to anybody on answerbank but it must have happened at some point in the past.
I think he would be in the least entitled to half the proceeds of the house but I may be wrong.
If it is you Brimoan who keeps asking this question , what do you expect ?
The situation will be resolved according to the law ,no amount of questions and answers on here will change that.
The best people to ask are the CAB or the charity AgeUk, they both have specialist knowledge in this field which is far in advance of any of us on AB . AgeUk have a team of finacial advisors who are very good at giving advice in situations of this type and the advice is free.
The situation will be resolved according to the law ,no amount of questions and answers on here will change that.
The best people to ask are the CAB or the charity AgeUk, they both have specialist knowledge in this field which is far in advance of any of us on AB . AgeUk have a team of finacial advisors who are very good at giving advice in situations of this type and the advice is free.
1 to 5 of 5
