Is it possible for me to have a lifetime tenancy with no…

I was living with my mother as I have MS and cannot live overseas with my husband. As my mother became older I stayed with her to take care of her. That being the case I was told, she could have given me 50% of her 95% share of the property without any tax implications. She passed away May 2017. She owned 95% of her property and my brother 5%. She left 35% of her 95% to me and 65% of her 95% to my brother. As I was afraid that if I ever had to go into care myself in the future the council could force a sale of my share of the property, I implemented a Deed of Variation. My 35% share of my mother's 95% was placed into a Discretionary Trust with my brother and sister-in-law as Trustees. I was the only one of three beneficiaries that knew this. When I discussed placing my share in a Trust with my solicitor, i said that I wanted to maintain my right to decide what happens to the property and to ensure that if it is ever sold that I would be able to receive my share of the sale. I also wanted to ensure that my husband would still be able to live in the property should I predecease him. I never received written confirmation of my instructions. When I went in to sign the Deed of Variation with my brother who was the other executor of my mother's Will, the document I was given was different to the one I was initially shown. I was told that it had been drawn up as per my instruction. I signed the document. I have requested a copy of meeting notes on a number of occasions to no avail. For various actions that needed to be taken regarding the property the Trust became an issue My brother went in to see the solicitor to see what could be done about this My brother has discussed everything with me and not tried to hide anything. He told me he was going to see the solicitor. I found out on Friday that there is now no Trust and my brother is 100% owner of the house. It appears that as Trustee, he has been advised to demise the trust holding my portion of the share and destroy the Trust Deed. A friend of mine who is the Director of a Trust company saw the Trust document and just said 'what have you done?' she told me that legally I am now no more than a squatter with no rights. I am trying to contact her to tell her that there is now no Trust. I feel very insecure as my brother has his own home but is unsound financially. This house is classed as his second home, so if he was unable to meet his commitments this house would potentially be taken first. To safeguard my interests, is it still possible to have a lifetime tenancy with zero rent for this property, and if so or otherwise, what measures should I take to ensure I would be able to stay at the property for my life in being? Further, should a sale be forced, how do I ensure that I receive my rightful share of any sales?

Hello Ross

Please advise

Thank you - just to be a little clearer - my brother had been advised to have all documents together - not to destroy the Deed of Variation. What would the implications be if my brother gifted back to me the share of the property that was left to me by my mother? I pay all bills including the Council Tax. When my mother passed away I advised the utility companies that my mother had passed away and that I would be taking over the accounts in my name. The Council Tax office wanted to know if Probate had been completed. I told them at the time that it was in the process of being done by my brother. They asked who the owner would be – I told them as per my mother’s Will my brother and I would have joint ownership. As I was already living at the property I would take over the Council Tax. They told me what discounts were available to me. I have MS – one of the effects is that I have cognitive impairment. During a call with the Council I was advised that I shouldn’t be paying Council Tax and that I would be sent a form for my consultant to complete and sign. I submitted the form and have been awarded severe mental impairment discount. To have the council Tax in my name I have to be the owner or have a tenancy agreement has to be in place. Neither am I the part owner now, nor do I have a tenancy agreement. I am also concerned that by brother now owning 100% of the property may be seen by the Council as deprivation of capital on my part, should I need care financing to be provided by the Council, which will be means tested. I understand that the council can treat me as having notional capital when conducting financial assessment. My brother is asking me to print off a Short Hold Tenancy Agreement so I have something to send the council. He is also saying that he and his wife would change their wills to enable me to live here for the rest of my life. However from the information you have provided, I can see that the only way that I can have some security is to be a joint owner of the property.

Thank you Ross.