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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5866
Experience:  Owner at James Bruce Solicitors
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My 75 year old brother has gone into a rest home with

Customer Question

My 75 year old brother has gone into a rest home with vascular dementia. He put his house in a trust fund ( he has never married) nine years ago. Will I have to sell his house to pay for the rest home.
JA: Estate laws vary by location. Where are you located?
Customer: He lives in Birmingham
JA: What documents or supporting evidence do you have?
Customer: I have the paperwork for the trust fund and receipt of payment for setting up the fund
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have power of attorney for his affairs but I am in australia and not able to travel to the uk at the moment. I am paying his fees with his savings and pensions
Submitted: 10 days ago.
Category: Law
Expert:  james bruce replied 10 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Can I please ask you to give me some more detailed information regarding this matter so as to allow me to work with you and help resolve your enquiry.

Who currently benefits from thr trust fund?

Expert:  james bruce replied 10 days ago.

Unfortunately, without the additional information requested in my first/previous response, I will not be able to give you detailed advice to your question, but I will be able to give you a general answer, which I hope will be of assistance. If you are able to supply the additional information later, please do so and I will then come back to you with a more detailed answer.

The property was put into a trust 9 years ago, that is a long time.

However, a local authority will means test his ability to pay for his care needs. If they feel that the property was given to the trust so as to avoid care home fees, the authority can treat that as a deliberate deprivation of assets.

That would mean it would affect the means testing and that he could still be required to pay for or towards the care costs. The trust would keep the property.

As the property was put in trust 9 years ago, that is a long time ago, and would weaken any possible claim for deprivation of assets. It would partly depend on his health at the time, Whether he knew he had health issues then that would need to be cared for in the coming years. If the answer to that is yes, that would strengthen a   Claim of deprivation of assets, but if he was healthy 9 years ago, then again that would weaken any claim the authority could make.

I hope this helps.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 10 days ago.
my four children his nieces and nephew
Expert:  james bruce replied 10 days ago.

Understood, then the above information would still apply.

If he was for and healthy 9 years ago, then the property should not count as his estate as it now belongs to the trust. The 7 years IHT rule would also no longer apply.