I am sure that there will be a way around this but wondered if anyone has already had this situation: my father died in 2017. He left his half of the house to me in Trust through his Will as the deeds were held as tenants in common. The stipulation was that I only receive half the house if it's sold if my Mum goes into care. My Mum went into care last month and will not be going home. She is named as the Trustee of my Dad's half of the house - a rather short sighted arrangement really considering that the most likely reason my mother would have gone into care would have been due to dementia and indeed she lacks capacity to undertake her role as Trustee. So what now I wonder. Replace her as the Trustee? I would not want someone going out to the care home and quizzing her but if that is the only way to have her capacity assessed and have her replaced then I will have to do that. I have registered PoA for my Mum but that is not relevant to my half. TIA
Selling a property half in Trust for me
- Thread starter SaraMW
- Start date
Yes @SaraMW a trustee who no longer has capacity can be replaced with a new trustee.
From what you indicate, it is likely that the house should be sold, with one half of the net proceeds being held for your mum (to pay her care fees, etc) in her name, with you dealing with it as PoA; and one half to come to you.
It would be sensible, in my view, to speak with the solicitors who prepared the Will, to prepare the new docs to change trustees to allow a sale to proceed.
I assume, but please check, that your mum made a Will (to cover the dealing of her estate in case she dies before all money used up on care fees), and as PoA for your mum you'll have to deal with all the contents of the house.
Best wishes
From what you indicate, it is likely that the house should be sold, with one half of the net proceeds being held for your mum (to pay her care fees, etc) in her name, with you dealing with it as PoA; and one half to come to you.
It would be sensible, in my view, to speak with the solicitors who prepared the Will, to prepare the new docs to change trustees to allow a sale to proceed.
I assume, but please check, that your mum made a Will (to cover the dealing of her estate in case she dies before all money used up on care fees), and as PoA for your mum you'll have to deal with all the contents of the house.
Best wishes
