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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10227
Experience:  I have been practising for 30 years.
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My father left everything in s will to my mother. In it

Customer Question

My father left everything in his will to my mother. In it there are bequests to their 6 grandchildren of £2000 each. My mother, who has the same bequests in her will suffers from advanced dementia and I am her appointed deputy by the court. She has sufficient funds at her disposal to pay her nursing home fees each month. I have talked to my sisters and we agree that we would like to give their grandchildren their bequests now. Are we allowed to do this?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

When you come to account to the Court of Protection each year, this is likely to raise its head as a problem if your mother is not in the habit of making such gifts to grandchildren during her lifetime.

You would need to make an application to the Court of Protection for a specific agreement to allow this to happen. I’m sorry to say that it’s unlikely they would agree.

It would assist if you could prove to their satisfaction that your mother has sufficient funds to pay for her care fees and leave any surplus, for the rest of her expected natural life even after paying out this £12,000.

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