Areas of Law / Wills and Probate

Five of us stand to benefit equally from our parents’ will. Twelve months ago the title deeds of their home were transferred into the names of three of the children with the aim of avoiding care home fees. Won’t the house just be shared between the three people whose names are on the title deeds?

It sounds as if a trust may have been set up, with three of the children nominated as trustees. Four trustees is the maximum allowed, so it wasn’t possible to nominate all the children. However they will be bound by the terms of the trust deed. You should check with your parents to find out exactly what they have done. I have to say that, if the sole purpose of establishing the trust was to avoid payment of care home fees, it may not work.

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