You may find that it goes smoothly and your stepfather doesn't contest anything, but equally it could turn messy and the best person to advise is a solicitor.

Also ask a solicitor or accountant about inheritance tax, because if a large gift is given and the donor doesn't survive a further seven years then there could be inheritance tax to pay on that gift, even though it was made before death. These gifts are called "Potentially exempt transfers", if you're wanting to look it up yourself.

In my completely non-expert opinion, the smoothest path would be if your mother and stepfather first moved out of the house into other accommodation, then later your mother gave you the house. That way, she is not kicking your stepfather out of the family home.

Thank you for the reply, unfortunately my mum wouldn't move out, especially now as she's so ill. I will just have to hope it goes smoothly, although I can't see where he would find the massive court costs anyway IF he decided to fight it.

What if he refuses? Or moves out claiming he was forced out under duress and then makes a compensation claim because you had ownership of something that he should have had partial ownership of? You know him best. But beware of pitfalls and the need to treat people humanely especially after a death. Also there is the argument that your mother has over the years contributed to your stepfather's dependency by allowing it to continue. Those kind of arguments do get used in court. I understand where you are coming from and how much this situation is upsetting you. But the best thing if your stepfather were so awful might have been for your mother to divorce him years ago. The fact that she didn't would have been her choice. Whatever your stepfather's irresponsibility with money - there are many like him - it doesn't take away the fact that he has lived in this property for a long period, it is where he is accustomed to being, and your mother may have some responsibility to provide for your stepfather (despite his wantonness) as long as she remains married to him – if I understand the law correctly. But again I'm not an expert and these are complicated points.

Hello,

        l realise you are not really happy with your stepfather,but a lawyer acting for him would point to a 23 year marriage as not portraying a disastrous relationship,and l could not see how he would not have an entitlement if he chose to persue it.l assume he played no part in your childhood upbringing, since if that were the case it would strengthen his position.As others have pointed out there is limit on assets passed on,so it would depend on the size of your mothers bequest if tax was liable,but l believe a normal house would come in under the threshold.l also assume that some discussion has taken place between him and your mum to come to some kind of arrangement,rather than your presenting this as some form of fait d complait.and he is willing to leave the family home and see it transferred to you.

                                      You need a good solicitor and legal advice to see exactly how you stand in law and how to proceed correctly,

                                                   hope it works out well,

                                                                                      david

I think the fundamental point the lawyer has raised is whether your mother has full title to the property now and can transfer title without your stepfather's knowledge/permission. If there is an accrued beneficial interest then just because your mother's name is on the deeds might not reflect what would now be considered to be the case regarding ownership after a marriage of 23 years with your stepfather having done some work on the house.

Arguing that your mother no longer had full title could be the source of any subsequent compensation claim. When people are married can determine ownership proportions and assets can be redistributed by court even after a death (even taken away from someone if wrongly given away potentially, I think). Has the solicitor advised whether there could be retrospective redistribution? I don't think you are fully appreciating how messy this could get.

Also just because you deem your stepfather inept doesn't mean all his associates and family are. Would people push him to claim to avoid him sponging off them (as you claim he will do). What if his family refuse to have him? So much to consider here. 

hello again,

                  l also believe there is a difference in tax liability between assets passed on from somebody living and those upon death,but your solicitor should make you aware of the difference

They did live apart for a few years if that had any weight. She's going to leave him a nice sum in the will anyway. I'm NOT making him homeless, I will let him find somewhere first. He's a criminal in my mind. People con old ladies out of there life savings and people hate them, Everyone else is worried my stepfather might be homeless! I will legally own the house, I will defend with every sinew of my being. 

Like I said I don't know which option is the most watertight KNOWING neither are. Maybe I should just give him the house with a box of chocolates and a cigar. 

Does it make a difference that my mother bought the house many years before he came along? (I dread the answer as it seems that being a sponge is a good thing and you get rewarded) thanks for treating my mum like dirt, letting her pay your debts and not contributing to the house, here have the house and I might as well give you my inheritance too

Four thoughts.

(1) I presume your mother's other assets are small compared to half the value of the house. If not, that opens up other ways to write the will.

(2) I have seen a will with a clause headed "In contemplation of this will being challenged". In that clause were listed strong reasons why it would be unreasonable for the husband to inherit the assets.

(3) Although this situation could get really messy, there is still a strong assumption that the wishes of the deceased should be respected. Any person challenging the will has to make a strong and solid case to the court.

(4) It might be helpful to have in your possession a letter to you from your mother, setting out all of her reasons why she does not wish your stepfather to inherit all or part of the house. Your stepfather need not know about this letter in advance. The letter could be presented to the court if the will is challenged, and the judge might be persuaded by it. Perhaps ask your solicitor to check that nothing in the letter would give your stepfather's lawyers any reason to challenge her soundness of mind at the time she wrote the letter.

Very interesting, you make some good points. I also think that it's not as easy as just saying he can take it to court etc.. for example some landlords spend thousands trying to evict people (and that's not even as complicated) 

What I hope I can also find out is, is it better for my mother to leave me the house in the will or transfer it to me now while she is still alive. Which one of the two gives me more leverage IF he contested. Basically which one is harder to fight?

What I hope I can also find out is, is it better for my mother to leave me the house in the will or transfer it to me now while she is still alive. Which one of the two gives me more leverage IF he contested. Basically which one is harder to fight?