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  1. #1
    Nikolarse's Avatar

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    Default Mums House after she passes

    Having recently split up from a long term relationship, I have moved back in to my mums house, for various reasons. There is no financial commitment between myself and x.


    I pay her "rent" to run the house, and have made a contribution towards her expenses for quite some time prior to moving back in, because I am nice! In the several hundreds of £ per month region.

    She is 66 retired but in great health, so this is not trying to avoid imminent liabilities. This is not my main concern. Over the last few months the situation is ok for both of us an works well.

    My concern is if this becomes long term will my residency here affect any calculations for care home fees. What I don't want to happen is to effectively subsidies her now and be kicked out by the council should she need care in 10 years. For clarity the house is privately owned and I would think be valued at £800k or so.

    Sorry if this is a little rambling and perhaps unclear, I am trying to give all the info!

    I am more than prepared to take paid advice, but am unsure where to turn. Would a local solicitor help, if there is anything they can help with?

    thanks in advance for any help.

  2. #2
    des8's Avatar

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    Default Re: Mums House after she passes

    Hi and welcome.
    The regulations regarding the disregard of a house are under Para 2(b) (ii) of Schedule 4 to the National Assistance (assessment of Resources) Regulations 1992)
    The salient section for you regarding disregard 4. Any premises occupied in whole or in part by—
    (a)
    a partner or relative of any member of the family where that person is aged 60 or over or is incapacitated;.
    A recent case ended in the Court of Appeal where it was held that occupation meant living in the premises as a main home


  3. #3
    Nikolarse's Avatar

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    Default Re: Mums House after she passes

    Thanks des8 I am in my 30s so this is some way off. I have quite an erratic schedule with work, and sometimes spend several months at a time abroad. The nature of my employment means this is never likely to change.

    Would there be any advantage in transferring ownership to me whilst I am registered living there? Or even her gifting a % via a tenancy in common?

  4. #4
    des8's Avatar

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    Default Re: Mums House after she passes

    The problem for you and your mother is that if the local authority suspect there has been deliberate deprivation of assets there is no time limit on how far back they can investigate.
    Under the NHS and Community Care Act 1990 their investigation is limited to 6 months, but councils now tend to use insolvency laws.

    If you use a financial adviser to resolve this question, the council could ask for the notes taken at any such meeting to ascertain the reason for the changes.
    They will then refuse to contribute to care home funding until the "notional capital" has been used up

    I think you should consider obtaining GOOD professional advice.


  5. #5
    Nikolarse's Avatar

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    Default Re: Mums House after she passes

    Hi, sorry for slow response, I have been away.

    Where do I get GOOD advice? I take it a high street solicitor is not the place and google seems to throw up what seems more like scams...

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    des8's Avatar

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    Default Re: Mums House after she passes

    tagging @Diana M & @Peridot to see if they have any ideas.

    You may find a solicitor on our sister site https://justbeagle.com/

  7. #7
    warwick65's Avatar

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    Default Re: Mums House after she passes

    Hi
    There are many very good 'high st' solicitors for example the one my mother used after Dad died is part of a small chain ( about 4 sites) and my OH also used the same firm for a leasehold extension. Of course there are also the large firms such as shakespeare martineau (other large firms are available) with many offices and highly skilled partners but the price you pay to see say the wills/probate/trusts and planning senior partner will be very much more expensive.

    Remember as well, if you see a solicitor from an established firm, they will be covered by liability insurance

    On the + side your mum has a lot going for her, she is female and without being rude, probably not short of a bob or two - two things that statistically lead to a longer life so you may well be 60 . My mum is 80 and is quite likely to outlive me ! although I hope not as i couldn't bear to contemplate the pain it would cause her.

    Remember as well- and for this you would need proper financial advice- there are easy ways to get capital for older people from their property although there are also some scams around, hence I say sound financial advice.

    Sorry if that is just general wishy washy advice , if you live in Cheshire I would be happy to give the name of the firm my Mum used.

    - - - Updated - - -

    There is also http://www.sra.org.uk/consumers/usin...solicitor.page

    - - - Updated - - -

    And http://solicitors.lawsociety.org.uk/
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  8. #8
    Peridot's Avatar

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    Default Re: Mums House after she passes

    Hi Nikolarse,
    As everyone has said your mother (and you) need to get some good advice from a local solicitor. This is not an unusual, novel or complicated situation so any local solicitor with a property and wills department should be able to assist you. I would say do not be lured into thinking there are trusts and other vehicles that you can utilise in a Will, to protect assets from inclusion in an care fee assessment. This is not helping people currently where Local Authorities are 'looking behind' arrangements in Wills. The same goes where whole properties have been signed over to children and is not advisable.

    You both need advice on how best to hold the property, but this is ultimately your mother's decision. Transferring the whole house to you leaves your mother vulnerable. I'm not for a minute suggesting anything untoward but remember anyone who legally owns property and has difficulties eg divorce or bankruptcy then the property, or their share of the property is at risk, as well as the reasons to do with intentional deprivation of care fees etc raised above.

    Your mother needs advice on this independently of you. It will be for her to decide what is best to do. As I say not a technically difficult situation so local high street solicitors firms can assist you. Ask around friends/neighbours who have used solicitors in your locality for recommendations.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

  9. #9
    Nikolarse's Avatar

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    Default Re: Mums House after she passes

    Thanks people, sorry for the sporadic replies, I have been in the middle east a lot over the last few weeks.

    I have an appointment with a well respected local firm.

    Thanks Warwick65, we are on the South Coast.

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