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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10976
Experience:  Barrister 17 years experience
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Mr (X) made his will in 1988 he died in 1990. In his will he

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Mr (X) made his will in 1988 he died in 1990. In his will he made (son B) his executor. He left his house and land to (son A) who lived with him for his life, after his death he left his house and land to his (son B) If son B should predecease (son A) the house and land would then go to (son B's) son absolute.
Now son A who ( is 74) due to bad health is in a nursing home.
My question; will son A be assessed for payment to the nursing home as a house and land owner or as an old age pensioner.
1. A will be assessed on the basis he has a life interest in a property. This is as a house owner, albeit a limited interest in the house. So I regret to say that A's life interest can be attached to pay the nursing home. However, becasue A is 74, this life interest will not be worth much.
2. Be aware that there is substantial anti-avoidance legislation surrounding this point to prevent A evading payment to the nursing home. There has been substantial litigation in the UK on this point. However, be aware that the house cannot be sold to pay for A's care. Only the value of the interest held by A.
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