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Hello I have thought about transfering my bungalow over to…

Hello I have thought about...
Hello I have thought about transfering my bungalow over to my daugter to ensure she will retain it when I and my wife pass on,even if we will it to her I worry if she will meet any problems,she has a very mild learning difficulty, and has just turned forty, we worry if the bungalow could be taken away from her legally in any way, Many Thanks Mr K Gaynon
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Answered in 42 minutes by:
6/25/2010
Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 10,800
Experience: LLB (HONS) Over 23 years legal experience specialising in Property law and Wills/Estates
Verified

 

Hi there,

 

Sorry to ask but is your Daughter capable of dealing with her own affairs/ money/ looking after herself?

 

Does she claim any means tested benefits?

 

Thanks

 

Andy M

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Customer reply replied 8 years ago

Hi Andy M

I will say no, she is able to do an awful lot her self for instance drive a car, her disability has been assesed as a slow learner, I am probably over protective of her but that is natural, yes she does claim DLA, awarded for life, she is quite capable but needs some guidence.

Thanks Keith G

 

Hi Keith,

 

Thanks for your reply.

 

Generally, you need to be careful in leaving assets/property to your Daughter, as this may affect her entitlement to means tested Benefits. I note that your Daughter only receives DLA which is not means tested (ie she will still be awarded DLA even if she has lots of savings), so this is not really an area of concern for you at present.

 

However, you may want to think seriously about whether you leave the bungalow to her outright, now or in your Will. Instead it may be best to set up a form of Trust for her, so that somebody else looks after things for her. This person(s) would normally be somebody from your family, who you can trust, who can look after the bungalow (and other monies you may leave when you pass on) on behalf of your Daughter.

 

You do therefore really need to take specialist advice from a local Wills Solicitor to see what would be best for you and your Daughter in the long term.

 

I hope this answers your question, and if so, I would be grateful if you could press the Accept button.

 

Kind Regards

 

Andy M

 

 

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Customer reply replied 8 years ago

Hi Andy

Thank you for your valued info, sorry I did not mention she receives income support will this info change things, apologies to your goodself.

Keith G

 

Hi Keith,

 

Thanks for your reply.

 

As your Daughter is on Income Support, any monies or property she inherits/receives from you would make her entitlement cease (if it was over £16,000) so it is not wise for you to transfer the bungalow to her now, or indeed leave it to her outright in your Will.

 

The Trust I mentioned in my previous reply should therefore be set up.

 

I hope this assists.

 

Kind Regards

 

Andy M

Aston Lawyer
Aston Lawyer, Solicitor
Category: UK Law
Satisfied Customers: 10,800
Experience: LLB (HONS) Over 23 years legal experience specialising in Property law and Wills/Estates
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Customer reply replied 8 years ago

Thank you Andy,

For your valuable advice, all the best to your goodself.

Kind Regards

Keith.

Mr Jardine
Mr Jardine, Solicitor
Category: UK Law
Satisfied Customers: 158
Experience: LLB PgDip Solicitor
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Mr Jardine
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