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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10259
Experience:  30 years as a practising solicitor.
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A woman in her nineties wishes to devide her money between

Resolved Question:

A woman in her nineties wishes to devide her money between her sons. She wants to start the process by giving them gifts of up to £10000 each now. She is in good health, a widow and is concerned about how this gift will be viewed should her health deteriorate or she has to go into a care home?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

What are her total assets?
Customer: replied 2 years ago.


Not sure of the total assets but it appears to be around £100000 disposable cash held in ISAs, Bond, & bank acct and House to be left to one son worth £80000 approx.

Expert:  JGM replied 2 years ago.
The local authority would expect her to be able to look after her own care home fees if she had to into a home. However, given that she is in good health and wishes to make gifts to her sons, certainly the £10000 gifts suggested would not be an issue.

She still has savings and has a house. The issue of depravation will arise if it is obvious that she has given up her assets to avoid paying care home fees. Accordingly she can give away assets as long as she retains sufficient to support herself in the event of illness and having to go into care. I suggest that the house should suffice for that purpose but there are no specific guidelines on this.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10259
Experience: 30 years as a practising solicitor.
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