Gifting or Transferring Property

Transfer of Title

Are you looking to transfer the ownership of a property from one person to another? Although this is a fairly straightforward process, it’s important that it is completed correctly to ensure everything progresses smoothly and to avoid unexpected problems in the future.

Our expert property solicitors can help with every stage of a transfer of title, providing the support to complete your transfer efficiently and correctly. We will contact the Land Registry on your behalf and ensure that all the necessary documentation is completed properly. We will also explain any factors that may arise from the transfer – giving you the peace of mind that all the legal details have been covered correctly.

Are you thinking about gifting your home?

Your home is your most important and often most valuable asset. Before deciding to proceed you should take legal advice on all the implications, as it may not be possible to reverse should you later change your mind. Before making any decision to gift it, have you considered the following issues?

Maintaining your right of occupation so you do not risk being forced to leave your own home.

Whether any gift should be outright or to a trust.

What are the tax implications in respect of Capital Gains Tax, Inheritance Tax, Income Tax, Stamp Duty and Pre-owned Assets Tax for either the person giving away the house or the relative receiving the house?

What happens if the relative falls out with you or they are influenced by others? You may think it unlikely, but things can change.

What happens if the relative dies before you gets divorced or becomes bankrupt? There is a risk of a third party having a claim on your home.

The gift may affect the relative’s own entitlement to means tested benefits.

Any gift may not result in the house being outside of any means test for the payment of long term care fees as there are anti-avoidance provisions that may mean the authorities challenge the gift.

Assuming that you have considered all of the issues and you wish to proceed with a gift of your home then you can either make an outright gift or you can make the gift to a trust. A trust is a legal relationship, the details of which are set out in a trust deed. The trust assets (which will be your home) are held by trustees for the benefit of the beneficiaries specified in the trust deed.

You will be one of the beneficiaries, which means you will be able to guarantee your right of occupation for as long as you wish. The trustees will become the legal owners of the property and the title of the property will be transferred into their names.

Why consider gifting your home?

You may decide to make a gift of a family home to provide a benefit for a family member in return for a benefit to you. For example, it may be that a child has made a financial contribution such as improvements to your home, your child may be providing care to you, or your child may agree to take on the financial responsibility for your house (e.g. insurance, upkeep, repairs, maintenance) in order that you can remain in the property should you not otherwise be able to afford to do so. Your child may agree to take over the paperwork relating to property ownership because it is becoming too much for you to deal with. It might also be that you want to avoid any delays when you die and the trust will mean that the property could be sold before a grant of probate is obtained.

However, even if any of the above apply, it’s important to ensure your rights are protected.

If you make an outright gift then there is the risk that your children may view your home as a lump sum and be tempted, or be influenced by third parties, to try to realise the capital by whatever means. They could fall into financial difficulties of their own or become entitled to means tested benefits which would be affected by property ownership.

It is important to consider what would happen should they die before you, become divorced or bankrupt. The taxation position is important to consider as your children may have a capital gains tax liability on the sale of the property.

A trust protects against these and other issues.

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Personal Injury

Personal Injury is used to describe any type of injury you suffer due to someone else’s lack of care and attention or negligent behaviour.

Personal Injury claims usually arise from someone else’s negligence and can involve many different situations such as an accident at work, a slip, trip or fall, or being involved in a car accident. The resulting injury can be serious and life-changing, with long term health and financial implications.

Our personal injury solicitors have secured compensation in many different types of personal injury actions.

Road Traffic Accidents

You can claim compensation for road traffic accident injuries if the accident was caused by the fault of another motorist, person or party. You can claim compensation if you were injured as a driver, a passenger, and a pedestrian or if you were riding a motorbike a bicycle or a horse at the time of the accident. You can also claim if you are partly to blame for the accident.

Accident & Injury at Work

When at work you expect to be in an environment where the proper measures have been taken by your employer to adhere to Statutory Duties to protect you in the workplace, whether it be an office, factory or your place of trade. If you have sustained an injury as a result of an accident at work it can be daunting to know where to begin in making a claim for compensation against your employer.

Injuries in Public Places

All companies have a duty of care to visitors to their premises, including members of the public or employees from other companies, to ensure that they are not at risk of injury while visiting them. If it can be proved that insufficient Health & Safety provisions were made; then you may well be entitled to get compensation.

Councils also have a responsibility to ensure that all pavements, roads and bridle paths are clear of defects and well-maintained to avoid accidents.

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Unfortunately a large number of people fall victim to an accident abroad, contracting an illness or suffering from an unforeseen injury. Any accident, illness or injury suffered of holiday can of course cause pain and upset, and in addition, often results in disruption to the remaining time spent abroad. However in circumstances such as these there are laws in place to protect those who are the victim of an incident abroad which occurred as the result of circumstances outside of their control.

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Asbestos can be very dangerous. It does not present a health risk if it is undisturbed, but if material containing asbestos is chipped, drilled, broken or allowed to deteriorate, it can release a fine dust that contains asbestos fibres.

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We do understand how extremely difficult it is to come forward and talk about any sexual or physical abuse that you or a close family member has suffered. We know how traumatic the recollection of events can be, and our solicitors will do all they can to ensure that you feel safe and secure throughout the claims process.

In any abuse claim, the abuse of trust can be the most difficult aspect to come to terms with. If you have been subjected to abuse from someone who was in a position of trust, such as a carer, parent or professional, you may be entitled to make a claim for compensation.

Hearing Loss Claims

Noise induced hearing loss (NIHL) also known as Industrial Hearing Loss, is a work related condition that results in the loss of hearing (often over a prolonged period of time) as a consequence of a person’s working environment. Hearing loss often appears years, if not decades later from the original exposure meaning many people do not identify their work as the cause.

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Stewarts Solicitors has a long tradition of skilled representation in criminal proceedings. We provide essential advice and representation in all local criminal Courts and at Police Stations.

In this area of law, it is essential that clients are able to rely upon the skill and experience of their Solicitor to protect their legal rights and personal freedom at all times. Our motoring & driving law department has a highly qualified team with many years of experience.

We cover the whole of Northern Ireland an appear at criminal courts in Antrim Court Solicitors; Armagh Court Solicitors; Ballymena Court Solicitors; Banbridge Court Solicitors; Coleraine Court Solicitors; Craigavon Court Solicitors; Downpatrick Court Solicitors; Dungannon Court Solicitors; Enniskillen Court Solicitors; Laganside Court Solicitors; Magistrates Court Solicitors; Limavady Court Solicitors; Lisburn Court Solicitors; Londonderry Court Solicitors; Derry Court Solicitors; Magherafelt Court Solicitors; Newry Court Solicitors; Newtownards Court Solicitor; Omagh Court Solicitors and Strabane Court Solicitors.

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Family Law

Our experienced family law department offers a full range of services to assist those going through a breakdown in their family relationship.

Many of our divorce solicitors and separation solicitors are also certified Collaborative lawyers, an organisation committed to the constructive resolution of family disputes through non-confrontational communication.

Our Family Solicitors encourage solutions that consider the needs of the whole family, in particular the best interests of any children or dependants.

Our domestic violence and protection from harassment solicitors offer a free initial consultation about domestic violence or abuse in a relationship. The law seeks to protect those people who find themselves in situations where they are subjected to such abuse. The family courts have the ability to make non-molestation and occupation orders and we can help you apply for an ‘injunction’ if you’ve been the victim of domestic violence.

Many of our children law solicitors are accredited members of the Children Order Panel. Our children lawyers are experienced in assisting parents and guardians of children by providing sound, clear advice on the legal requirements and the legal remedies available in relation to parental responsibility, contact and residence of children, together with Prohibited Steps Orders and Specific Issue Orders. We can also assist in Private Law proceedings, if you are applying to adopt a child, or if you are objecting to someone trying to adopt your child.

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