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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7626
Experience:  UK solicitor
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Mother has to move into a home due to alziemers, how do we

Resolved Question:

Mother has to move into a home due to alziemers, how do we protect our inheritance rather than having to sell the family home and it all go on fees?

Submitted: 4 years ago.
Category: Family Law
Expert:  Thomas replied 4 years ago.
Hi

What assets does your mother own?


Tom
Customer: replied 4 years ago.


The house and £20k, fees for the home are £23k a year. We already know that she is allowed to retain £20k (ish) when she gets through the rest of the money. But I and my brothers know that she wants us to have some money from the house, we just dont know if thats legal or how to make it legal.....?

Expert:  Thomas replied 4 years ago.
Hi

If your mother does not have the mental capacity to understand the implications of the decisions she makesthen then it would not even be possible for her to divest herself of any assets in any event I'm afraid.

The local authorities and courts have very wide powers to set aside transactions that are taken with a view to defrauding creditors. They can set aside transfer of property for example. The problem is that it is based on the foreseeability of care. Because your mother already receives care the presumption will be that any transfers are done to defraud creditors.

They local authority would apply to court to have any such transactions set aside, woukd b successful and woukd also add their legal fees so you can see that it could actually compound the problem.

I am sorry.

If this is useful please kindly rate my answer as okay service or above.

Kind regards

Tom
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