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Clare, Solicitor
Category: Law
Satisfied Customers: 33817
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My father is writing his will. He and my mother own their

Customer Question

My father is writing his will. He and my mother own their house outright. He wants to leave the property to my mother and his 3 children, split equally. My mother wishes to have this reflected in a mirror will, obviously leaving property to my father and 3 children.

Is this ok? Are there any tax implications for each of the 4 who inherit?

If father or mother require care in later years, is there any obligation to sell the property to pay for care?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

Yes, it is fine to make mirror Wills.

There may be inheritance tax implications depending on the size of your parents estate, see here for more information:

Yes, under current rules, the capital threshold for care is 23,250 i.e. your parents will pay for their care if they have capital in excess of this amount, however, the threshold is set to increase to 123,000 in a few years time, see here:

Hope this helps
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you
Mirror Wills are fine - but there are some technical points that need to be considered
In order to write these will your parents will need to "sever the joint tenancy" of the property so that they each own their "half" of the property (at the moment the property simply passes to the survivor in total)
They can then each leave their half of the property to their children - making provision for the survivor to live in the property so long as they wish.
This is the most effective way of preserving half of the value in a property in the event that one of your parents requires care in a Care Home
So far as the tax implications are concerned unless the property is worth more than £650,000 there is no Inheritance Tax problem regarding the property itself- although there will eventually be a Capital Gains Tax issues when the property is eventually sold
I hope that this is of assistance

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