I live with my elderly dad in the family home which is owned by the council.My dad is the tenant purchaser and theres about 2k left on the property before it is paid for.My dad has not made a will but it is his wishes for me to have the house.I have 5 other siblings who have their own places except for one who is currently in prison and has been in and out of prison all his life but otherwise resides here.I'm the second youngest in the family and he is the the third eldest.My dad suffers from short term memory loss to the point where he does not even realise this is his home anymore.My question is what are my future rights as a tenant in the council house if something was to happen to my dad tomorrow? Do I simply continue to pay the rent until the purchase is complete and if that's the case what happens once the purchase is complete? Do my siblings have more rights to the house than me if they are older? Will it be possible to transfer the house to my name in the future or if i contacted a solicitor now could transfer of ownership be possible given my dads mental incapability? I would really appreciate any advice i could get here.Thanks for reading.
My future rights as a tenant in council house
- Thread starter dreamstar
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IANAL - you most likely need legal advice here, this is just my tuppence worth
"My dad suffers from short term memory loss to the point where he does not even realise this is his home anymore."
That sounds more than short-term memory loss to me; I'd be concerned that he is not of sound mind to make a will at this time.
"My question is what are my future rights as a tenant in the council house if something was to happen to my dad tomorrow?"
The tenancy/purchasing scheme is unknown to me; can you get advice from the Co. Council?
"Do I simply continue to pay the rent until the purchase is complete and if that's the case what happens once the purchase is complete? "
Does your Dad have life insurance/mortgage protection policy - if so it would most likely clear the last outstanding debt if/when your Dad passes away.
"Do my siblings have more rights to the house than me if they are older? "
Makes no difference here.
"Will it be possible to transfer the house to my name in the future or if i contacted a solicitor now could transfer of ownership be possible given my dads mental incapability? "
I don't believe you will be able to do this; if your Dad doesn't have a will and is unable to make one the property will divided per the intestate rules. Since you don't mention it, I'm assuming your Mum has passed away already.
"My dad suffers from short term memory loss to the point where he does not even realise this is his home anymore."
That sounds more than short-term memory loss to me; I'd be concerned that he is not of sound mind to make a will at this time.
"My question is what are my future rights as a tenant in the council house if something was to happen to my dad tomorrow?"
The tenancy/purchasing scheme is unknown to me; can you get advice from the Co. Council?
"Do I simply continue to pay the rent until the purchase is complete and if that's the case what happens once the purchase is complete? "
Does your Dad have life insurance/mortgage protection policy - if so it would most likely clear the last outstanding debt if/when your Dad passes away.
"Do my siblings have more rights to the house than me if they are older? "
Makes no difference here.
"Will it be possible to transfer the house to my name in the future or if i contacted a solicitor now could transfer of ownership be possible given my dads mental incapability? "
I don't believe you will be able to do this; if your Dad doesn't have a will and is unable to make one the property will divided per the intestate rules. Since you don't mention it, I'm assuming your Mum has passed away already.
Brendan Burgess
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I don't think that it is relevant at all that this is a former council house.
Your dad owns the house. He just has a mortgage of €2,000.
When he dies, the executor of his will should pay the €2,000 and any other debts he has and then distribute the assets.
If it's not relevant that it's a council house, it's not relevant that you are a tenant.
This is a legal and medical issue. If your father has periods of dementia and periods of lucidity, for want of a better word, the solicitor would have to take exceptional steps to make sure that he was mentally fit to make a will. His solicitor would know the procedure.
If your father wants to give you the house and
If one or more of your siblings know and agree with this...
Maybe ask one of them to bring your father to the solicitor.
Alternatively, if he has a friend who could do this.
Of course, it's even better again, if your father could go to the solicitor on his own.
It always looks bad if the beneficiary brings the father to the solicitor.
Brendan
Your dad owns the house. He just has a mortgage of €2,000.
When he dies, the executor of his will should pay the €2,000 and any other debts he has and then distribute the assets.
If it's not relevant that it's a council house, it's not relevant that you are a tenant.
This is a legal and medical issue. If your father has periods of dementia and periods of lucidity, for want of a better word, the solicitor would have to take exceptional steps to make sure that he was mentally fit to make a will. His solicitor would know the procedure.
If your father wants to give you the house and
If one or more of your siblings know and agree with this...
Maybe ask one of them to bring your father to the solicitor.
Alternatively, if he has a friend who could do this.
Of course, it's even better again, if your father could go to the solicitor on his own.
It always looks bad if the beneficiary brings the father to the solicitor.
Brendan