Don’t lose your home to residential care fees
Under current legislation, anyone with assets (including their home) has to pay for their own residential care. 40,000 houses per year are being lost to meet care fees.
Giving your property away will not protect against this. If you transfer your property to another person, or sell it to them below the market value in order to avoid residential care fees, the local authority will deem this to be ‘deprivation of assets’. They then have the power to treat you as if you were still the property owner and can still use it to pay for your care.
The local Authority and Department of Social Security must ignore the value of a property whilst a couple are both still alive. Unfortunately, most married couples traditionally leave everything to each other on first death and the survivor will own any property outright. From that day, it will be taken into account if residential care becomes necessary and its value can be almost used up.
By making a Property Trust Will or amending your existing Will, as a married couple you can dramatically reduce the impact of residential care fees upon your estate, by each leaving your own half share of your property directly to your children or beneficiaries in trust upon first death, leaving the widowed spouse to carry on living in their home knowing that one half of the property is protected against care fees. The Trust states that the children or beneficiaries cannot access the Trust until both you and your spouse have passed away.
Should residential care planning be of concern to you, we will be happy to discuss the above in more detail at your request. Call Benson Williams on 01922 491 600 or click here to send us a message.