Re: house deeds

In message <tracy2006.2rgmmj@xxxxxxxxxxxxxxxxx>, tracy2006 <tracy2006.2rgmmj@xxxxxxxxxxxxxxxxx> writes

hi there could anyone answer my question for me.

my Father died last year and my Mother was left everything in the will,
my brother and myself are excutors of the will. before my fathers death
he took out an equity release on the house which we have paid back so
that the house now belongs to my mother. the land registry sent out
the certificate to confirm this. my brother contacted the land
registry office to talk to them, and they asked him if any other names
was to go on the deeds? my mother is going a bit senile and maybe down
the road she may have to go into care which will mean that the home
will have to be sold to cover the cost of this, she has told us that
the house is left to us when she dies so my question is: can and if my
brother puts his name on the deeds, will the house have to be sold to
cover the costs of the care home for mum and if by having the deeds in
his name as well would he be responsible for bills, cost etc like the
community charge.
i hope this makes sense. thankyou

Since the house was left to your mother, it is hers, and not yours or your bother's. Neither of you has any right to be entered as the owner or joint owner without your mother's say so.

You say she is going a bit senile, which implies she does not have sufficient mental capacity to understand exactly what she would be entering into if transfer of ownership documents were put in front of her. If that's so, she cannot validly transfer the house into anyone else's name. You will need a valid enduring Power of Attorney (again she must have sufficient mental capacity to understand it, or the Court must order it) in order for you to do anything at all with it.

Even if you were to obtain that, I doubt very much if you would get away with having the house transferred out of her possession in order to avoid payment of fees.

--
Norman Wells
NG

.

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