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Clare, Solicitor
Category: Law
Satisfied Customers: 35076
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am in the process of arranging a Home Property Trust

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I am in the process of arranging a Home Property Trust for my mother to give protection against death duties and in care house costs, I have now been told that it does not necessarily provide protection should she need to go into a care home at sometime in the future.
Can you advise if this is true and what this type of trust can be used for.

Thank you for your question

My name is ***** ***** I shall do my best to help you

It is indeed true that this Trust will not provide protection in respect of Care Home fees - there is no trust that will do so because the Local Authority has wide powers to simply disregard and disposal of property when it comes to assessing what capital is available - and then simply refusing to pay the fees until they calculate the "missing" capital would have been spent.

Unless there is a real risk of Inheritance Tax there is little point in spending the money on a complicate Trust.

I am sorry that I cannot give you better news and a guaranteed way around the problem (one which I have faced myself)

Please ask if you need further details

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