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Your nephew is not one of the owners of the property, correct?
Thanks for your question. I will try to help.
If your nephew is not named on the registered title for the property as an owner of it then the local authority would not be able to make a claim against the property for any care home fees owed in respect of your nephew.They can only enforce monies which are owed against your nephew’s personal assets, which do not include the property if he is not an owner.They only way that they conceivably could is any of you signed an agreement which obligated you to repay care home fees owed because of your nephew, which presumably you have not and wouldn’t do. Even then they would only be able to claim against that person’s share and not the whole of the property,.
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Do you know if you own your property as 1. Joint tenants or 2 tenants in common?
If you hold as joint tenants then your brother's share in the property would pass automatically you upon your brother's death. This remains the case until once of you changes from joint tenant to tenants in common (land registry would write to you if this happens).
If you hold as tenants in common then your brother's share would pass under his will or the intestacy rules if he does not have a Will. If your brother does not have a will and is unmarried then your nephew would inherit his share in the proeprty along with any other nieces or nephews that your brother has.
You can check how you hold your interests by downloading a copy of the register for the property from the Land Registry by paying a £4.00 fee:-
Look at the proprietorship register of the title you have downloaded from the Land Registry (where the proprietors of the property are listed). If the following entry is immediately below the named registered proprietors then the interests are held as tenants in common:-
" No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Court"
If there is no such entry then the property is held as joint tenants.
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