How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34264
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

I am in the process of arranging a Home Property Trust

Resolved Question:

I am in the process of arranging a Home Property Trust for my mother to give protection against death duties and in care house costs, I have now been told that it does not necessarily provide protection should she need to go into a care home at sometime in the future.
Can you advise if this is true and what this type of trust can be used for.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

It is indeed true that this Trust will not provide protection in respect of Care Home fees - there is no trust that will do so because the Local Authority has wide powers to simply disregard and disposal of property when it comes to assessing what capital is available - and then simply refusing to pay the fees until they calculate the "missing" capital would have been spent.

Unless there is a real risk of Inheritance Tax there is little point in spending the money on a complicate Trust.

I am sorry that I cannot give you better news and a guaranteed way around the problem (one which I have faced myself)

Please ask if you need further details

Clare and 3 other Law Specialists are ready to help you