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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10732
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My husband is in the process of selling his fathers home to

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My husband is in the process of selling his fathers home to pay towards his care in a home for alzheimers patients. We want to plan for the future is there anyway we can get around this problem so that we can leave our property to our children.

Hi there

Thanks for your enquiry.

As regards XXXXX XXXXX Home fees generally, there is no cast iron thing you can do to safeguard all of your assets. Yes, you can gift monies away in mid life, but any gifts made as you get older may be caught- if the State can prove you have deliberately given away assets to avoid Nursing home fees, they will still treat you as owning that asset when calculating your capital.

However, what you can do, as you suggest, is make a Will and this can "preserve" 50% of any house you own in the event of the survivor of you going into a Home. A local Wills Solicitor can advise you fully, but a provision can be put in each of your Wills leaving your respective 50% to your chidren with the condition that the surviving spouse can remain living in the proeprty for as long as he/she wishes/until they die.

This will mean that if the survivor does need to go into a Home, they are only treated as owning 50% of the property, and the other 50% is safeguarded.

Coupled with making a Will, you will also have to change the way you own your jointly owned property (if you do not presently own it in joint names, this can also be changed with your permission by your Solicitor) so that you both hold the property as "tenants in common".

I hope this gives you the legal bachground you require, and if so, I would be grateful if you could leave positive feedback.

Kind Regards


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Customer: replied 5 years ago.

Thankyou for your prompt reply it was really helpful. It has spurred me on to make an appt with a solicitor to make a will something that i keep putting off i need to get my affairs in order.


Many thanks for your rely, and am glad I have been of assistance.

If you ar ehappy with my Answer, I would be grateful if you could accept/confirm you ar ehappy with my Answer, so I may be credited for my time.

Best Wishes