Gift with reservation

So what if there is capital gains tax to pay? The niece would still make a hefty profit.
It sounds as if the brother's home hasn't been given to the niece, maybe in the belief that it wouldn't count towards care home costs, as he lives there. That may be true if he has a disability.

Good point, witzend.

Worth pointing out that re giving away assets to avoid care home fees, regardless of legal or moral rights and wrongs - is emphatically not usually a simple matter of

a) you need a care home, you have assets, you pay,
Or
b) you need a care home, you don't have assets, the council pays.

Especially now, with finances so short, social workers will often avoid the care home option as long as they possibly can, even when families doing their best to care are on their knees with stress and exhaustion.

Self funding can be a 'luxury', in that you can choose the time and place, and not have to depend on the tender mercies of social services.

The op's parents are in their 80s. If they are in reasonably good health this might work out if BlueBelle's time factor is correct. They might not avoid care home fees altogether, but their property might not be looked at for payment.

The key is for them to stay out of permanent residence in care homes for 7 years. Getting health care in their own home, if need be, might help with this.

If they're not in such good health, then that's a different story.

I was once advised that avoiding care home fees by giving something away has to be done 7 years before which obviously is to try and avoid people giving away for that very reason

Is df planning to divide the money with you and your siblings as soon as he gets it? IOWs, while he and dm are still alive? In that case, why would he need a will?

There would still be the problem of the brother who lives in one of the properties, of course. But a will wouldn't help that. Once the property is in niece's name, she can do with it as she likes, I'm sure. Perhaps she has promised df that this brother can stay there?

Rose From what I've read this understanding that the family will avoid care home fees differs from council to council. Councils do have the power to go after the money if care home fees are accrued and the council can prove this was done deliberately.
Please try and make your father understand that this isn't foolproof.
This info is online, show him.

rose that does sound a very odd situation.
If your DF has done this with the intention of avoiding care home fees I don't think that would work.
Secondly if the niece sells the property after your DF and DM die, there would be capital gains tax to pay, unless she had lived in it as her main home.
Can you not persuade DF to see a solicitor or CAB advisor re making a will?

Df has a right to do what he wants with his property. He doesn't owe it to you and your siblings. It will be disappointing if you don't get anything from it or not as much as you would like, but you're not "entitled." Dh's attitude is out of line.

If he doesn't want to bother with df, he doesn't have to, of course. See df & dm without dh.

Df probably wants to make sure the property can't be seen as collateral for a nursing home. I'm not sure how that works - has he spoken with a solicitor?

He probably didn't want to choose between you and your siblings, so turned it all over to niece.

Trying to understand... The property is hers now, but she's going to pay him for it, and he's going to divide the money between himself, you & your siblings. Ok, but how can he be sure she'll pay? She may argue, "But it was a gift!" Is that why you're worried?

Also, what's to prevent her from kicking that one brother out? Perhaps df feels that with his (brother's) share of the money, he can get his own place? But that gets back to what insures that she'll pay it?

I don't quite understand. You say when she gives him the money for the house? In this case it is not a GWR. It is a house purchase.

My DF has always been anything for an easy life and he won't tackle making a will because it means dealing with the problem of what to do with the house my brother lives in. DF thinks that if there is chance that either him or DM will need care in the future they will not have to contribute which may not be the case.
DH is extremely annoyed, more so than me as he pointed out DF has effectively signed most of his estate over to my niece and hasn't considered the rest of us. DH said he doesn't want anything more to do with DF until he makes some restitution. Puts me in a difficult position as my parents are in late eighties and in failing health.

I don't know enough to advise you but it seems odd that he's taken the trouble to sign over the property to your niece but can't be bothered to make a will for what is obviously going to be a devil to sort out if he doesn't.
I'm sure you'll get some helpful advice from our Grans.