Making a declaration

Our 80-year-old widower client continues to live with his daughter (who receives incapacity benefit) in the family home worth £700 000.

He executed a declaration of trust on 24 December 2008 when he transferred 99 out of 100 shares in the family home to his daughter as beneficial tenant in common.

The declaration of trust included a covenant between donor (father) and donee (daughter) that father shall be solely responsible for all outgoings and expenses including utilities and insurance and will keep the property in good repair and condition (fair wear and tear excepted).

The title was re-registered at HM Land Registry into the joint names of father and daughter with a restriction registered.

The gift of the undivided share of the property above 50% is not prevented but is it correct that for the gift to fall within this exception to the gifts with reservation...