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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10737
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My parents own their property outright. My father has recently

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My parents own their property outright.
My father has recently been admitted to a care home.
Their will says the property passes first to the survivor then to me and my children.
If my mother passes away first my understanding is 50% of the equity is used for my fathers care.
My questions are if my father then passes away before that amount is used up will the remainder go back to us?
Is there we can protect ourselves against having to sell the property upon my mothers passing?

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

If your Mother were to pass on first, you are correct in that under the current arrangements, the whole of the property would pass to your Father and it could then all get swallowed up in the payment of Nursing home fees.

There is, however, a way of securing at least 50% of the property for your inheritance. Your Mother and Father can "sever the joint tenancy" in the property, meaning that they both own a separate 50% share each in the property. They can then update their Wills, leaving their respective 50% to you and your siblings, with the proviso that your Mother be entitled to remain living in the property for as long as she wishes, if your Father were to pass on first.

Hence, doing it this way, only 50% of the property will be swallowed up in Nursing home fees.

For the above to work, your Father will need to be mentally capable of signing a new Will, which I hope he is. If he is not, then your Mother can go ahead and sever the joint tenancy on her own, and can make a Will leaving her 50% to you and your siblings.

I hope this assists and sets out the legal position to you.

Kind Regards


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