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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12076
Experience:  30 years as a practising solicitor.
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My father passed away last year leaving his estate to my

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My father passed away last year leaving his estate to my mother but as she has dementia and will probably have to go into care would a Deed of Variation help due to the costs of care and having to sell the house etc.?

A Deed of Variation could be made within two years of death as long as all parties agree. Your mother can't agree if she has dementia but if she granted power of attorney to someone before her illness the attorney could enter into the Deed of Variation. However I don't think that would necessarily help. The problem with that is that the local authority could view the attorney entering into a Deed of Variation as a deprivation of assets and that would not therefore exclude your father's estate from the assets to be taken into account when assessing the costs of care. You can ask the estate lawyer to give his opinion based on the detail he has but that is my initial view from the narrative you have given. If there is no attorney for your mother then a Deed of Variation isn't possible at all. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

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