Reply To: Beneficial owner/ Legal Owner

#163607
pamrichardson
Participant

if the property is 'jointly' owned, then on the mothers death, the property vests in the other joint owner, regardless of a will. The only way it wouldnt is if there was evidence she had severed the joint tenancy and created a tenancy in common.

If it was already a tenancy in common it would show as such in the land registry and then yes they both owned 50% of the property each and her 50% would vest in her estate.

I have had a similar case recently, and the fact that they 'say this is the case' was not accepted by the appeal panel (albeit it was an appeal in respect of care charges there was a similar impact for benefits).

He could swear a statutory declaration to the effect of what he says has happened, and provide evidence of the transfer of funds to support it. However, that doesnt answer the question of whether he actually legally owned 50% or 100% or some other %.

The other question is what is the impact on him of having 'sold' her the property? Does he now have capital?