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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34277
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My Father who is 84 has at present left his capital in his

Resolved Question:

My Father who is 84 has at present left his capital in his will, of approx. £30,000 to my mother who is 82 and suffering from Dementia her capitol is approx. £26,000. In the near future she will need to go into residential care especially if my Father unfortunately died. In the past we have all looked at a few homes ready for that event and have been informed that after my Mothers capitol runs down from £23,000 that social services would step in.

If this is the case would it be best that my Fathers capitol is willed to me his only daughter else my mother would have £50,000 plus which would soon disappear and if we had to step in to change homes it may not be so easy for me to do as I would not have enough capitol.

Also is my Father allowed to make gifts to family members and if so how much and how many he has a maturity of £12,000 becoming available very soon.

The only family members now are myself, husband and our son there only Grandchild

Also is it a better idea to change his will via a visit to Solicitor or is online a good option in these circumstances

Thank you

Gill Customer
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
I assume that there is no property involved and does your father still have mental capacity to make a Will?
Clare
Customer: replied 3 years ago.

There is no property involved and yes my father has no problems with mental capacity he is Mums main carer at present.


I was looking online last night regarding cash gifts to family I understand as this could be a first gift this could be £6000 as they do not have a joint account can my mum also make a cash gift she does have dementia and would this be also £6000.


 


I do have Poa for the last year or so.


 


Thank you

Expert:  Clare replied 3 years ago.
Hi
You have no need to worry about cash gifts.
Your fathers estate is well below the Inheritance tax limits and it is Inheritance tax that that relates to .
It would indeed be sensible for your father to change his will and leave his savings to you rather than your mother
With regard to your mothers savings these must be spent on her or on the gifts that she would have habitually given in the past for family events.
The Local Authority makes no allowances
I hope that this is of assistance - please ask if you need further details
Clare
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