• Transfer Ownership

    By Guest on 16th May 2016

    My parents are not divorced but have lived separately in different properties for 30 years.
    Sadly my Mum has been told she only has weeks to live .
    Her property is in her name only .
    Can she transfer to my father to avoid probate etc , it is likely he will live in property and sell his.
    There would be no inheritance tax due in my mum or dads deaths .
    Please help as I'm trying to make things as easy as possible at a vety difficult time . My mum is mentally fine , but not sure if transferring ownership would require medical evidence of her mental capacity either .

  • 1 Answers

    By Guest on 31/05/2016

    Assuming there is no mortgage on the property then there is no reason your mother cannot transfer it by signing a simple TR1 form and form ID1 (countersigned by a solicitor). The gift of the property to your father would be treated as a bequest in her will for Inheritance Tax purposes. The only way that the transaction might be called into question would be if someone who might otherwise inherit the property challenged whether your mother mentally fit to make the gift or whether she was the subject of any undue influence. If there is any such person then she should instruct a solicitor (one who can see her person and perhaps one who is part of a group called "Solicitors for the Elderly") to deal with the transfer

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