Widow transfers house to 3 children in 1999 and dies in 2017. There is no IHT either way, but a large CGT bill arises on the sale if it was an outright gift.
The children say it was done for care fees and mother’s security-but it was not intended they take their inheritance until after her death-rather conflicting.
Other evidence from the solicitors who dealt with the transfer is awaited, but there may be nothing after all this time.
Has anyone ever succeeded in an argument that this was a constructive trust, with a life interest/right of occupation for the mother, rather than a gift? There would be no IHT, but a considerable saving in CGT.