Legal advice needed about my nan's house?

Hello





I was wondering if you would be able to give me and my family advice. My Nan has recently been diagnosed with Dementia and we have realised that it is time we sorted out her will, so that the family home is safe.





However, we have recently found out that my Nan only owns the house and not the land that it is built upon. However her sister (my great aunt) thinks that my Nan pays rent for the land 鈥?However my Nan doesn鈥檛 have any direct debits to the council or such like which state that she pays the rent for the land.





Could you let me know if this is a usually scenario for elderly peoples homes or who I would need to speak to regarding this?





Many Thanks


Alix


Legal advice needed about my nan's house?
You need to find out through the Plat office who owns the land, it might be that she owns the land but not the mineral rights. Contact the local County or Parish 's court house they can put you inthe right office! You may need a lawyer cause if not properly set up you could lose all.Legal advice needed about my nan's house?
If she has dementia and has no idea about her assets then she has no capacity to make a will. Refer to the case of Banks v. Goodfellow and the resulting test for testamentary capacity.





By all means try to find out who owns the property so you can try to get your claws into it when she dies, but you cannot write her will for her.
This is the scenario for 80% of the houses in Hawaii. The land is not owned by the owner of the house. They pay rent for the land.


Watch Nan's mail. The bill for the land will come once a year or once a month. If it is unpaid, letters will arrive weekly warning you to pay.


If that doesn't work, the neighbors will pay rent for their land, too. They will have the info for you.


My father had dementia. We had to handle everything for him.
Have you made plans for your nan's care as her dementia progresses? Has she been declared incompetant to tend to her own affairs? If so, who has power of attorney?





I strongly suggest that you sit down with an estate attorney and get his /her advice re the State that your Nan resides in. Its too important to both your family and your Nan to leave this solution to a web board.
english law? usa law? scottish law? billie whitelaw or what.


just see a solicitor and dont take legal advice from this media, but


it sounds like lease hold to me (English law)
Get in touch with your local town officials that may help you.