I'm not sure what 'control over the sale of the property' means. If mum went into care, they still would not have control, unless there was an LPA etc... If it was given to avoid care fees, and mum never went into care, then the proposed plan seems to have backfired as it seems a gift was made. That said, as others have said, the facts should speak for themselves. When was the gift made? Have the children ever had any 'ownership' rights to the property. That is, did they share bills, pay for improvements, or even have a key? In the absence of any of this, I think I have come across a Counsel's opinion which indicates that a life interest trust may be arguable, but I can't recollect if more evidence was required/available.
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