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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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options to protect against compul sory purchase towards Council

Customer Question

options to protect against compul sory purchase towards Council care costs
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
How much is the property worth- and is 25% the most that will need to be repaid?
Clare
Customer: replied 3 years ago.

the property is valued at£159K and the morgage owed is


 


 


 


 


 


 


the value of the property is £159K and the lifetime morgage is £46K


 


 


 


 


 


 


 

Expert:  Clare replied 3 years ago.
Hi
How old are you and how imminent is the risk of care home fees?
May I ask - how long have you been the sole owner of the property?
Clare
Customer: replied 3 years ago.

Hi, i am 8o this may and there is no imminent risk of care home fees and i have been the sole owner since 21/07/13 But i want to protect the value of my home for my 4 daughters inherintance

Expert:  Clare replied 3 years ago.
Hi
I am sorry to have to ask - did you lose your partner in July or did you separate?
Clare
Customer: replied 3 years ago.


my wifesadly died of cancer on 21/07/13

Expert:  Clare replied 3 years ago.
Hi
May I ask did you leave a Will?
Clare
Customer: replied 3 years ago.

Yes, my 4 daughters are equal executors in my will

Expert:  Clare replied 3 years ago.
Hi
My apologies - I am not a great typist - I meant did your late wife leave a Will?
Clare
Customer: replied 3 years ago.

Yes she left a will and I am the sole benefactor

Expert:  Clare replied 3 years ago.
Hi
Then the most effective option is to arrange for your late Wife's Will to be varied so that her share of the property is left to your daughters with you having the right to live there so long as you wish
This means that if you have to go into care then only your half of property will be at risk
This is the most effective option - but can only be done within the two years of the passing of your wife so you should get face to face legal advice regarding this as soon as possible
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Thankyou CLare, that is certainly a good option but what if I sold my house and devided the proceeds between my 4 daughters and for me to move into shelters rented accommodation?


 

Expert:  Clare replied 3 years ago.
HI
I am afraid that if you did that the Local Authority would simply assume that the money was still available to you and would not support you
Clare
Clare and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you so very much for all your help and expert advice!! Kind regards Alan x

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Clare