Query on 'Grandfather's Rights'

chelsea girl

Registered User
Jan 25, 2015
139
0
Hi has anyone ever heard of "grandfather rights" in connection with houses? My mum is in the late stages of altzheimers and we live in her house with her and have done so all our married life. The time is now nearing when she needs to b in a care home. They can do a deferred payment, so when mum passes away then then will expect us to sell the house to pay for her care. This will leave us homeless. The manager of the ch says we might b able to apply "grandfather rights but never heard of it? Can u help? Thank u x
 

d4109125

Registered User
Mar 25, 2016
54
0
Hi has anyone ever heard of "grandfather rights" in connection with houses? My mum is in the late stages of altzheimers and we live in her house with her and have done so all our married life. The time is now nearing when she needs to b in a care home. They can do a deferred payment, so when mum passes away then then will expect us to sell the house to pay for her care. This will leave us homeless. The manager of the ch says we might b able to apply "grandfather rights but never heard of it? Can u help? Thank u x

May I suggest you change your question title to 'care home fees - property' or something similar rather than a ? Also, this question may be more appropriate in the legal/financial section.

The property can be disregarded in certain cases, whether that is a mandatory or discretionary disregard depends on the circumstances. Are you or your spouse/partner (a) aged over 60 or (b) incapacitated/disabled?
 

jan.s

Registered User
Sep 20, 2011
7,353
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Hi has anyone ever heard of "grandfather rights" in connection with houses? My mum is in the late stages of altzheimers and we live in her house with her and have done so all our married life. The time is now nearing when she needs to b in a care home. They can do a deferred payment, so when mum passes away then then will expect us to sell the house to pay for her care. This will leave us homeless. The manager of the ch says we might b able to apply "grandfather rights but never heard of it? Can u help? Thank u x

No, I have never heard of this, but have googled it.
Do you currently operate under the "Grandfather Rights" exemption to use plant protection products authorised for professional use on crops, land, produce,materials, buildings which are owned, occupied or rented by you or your employer without holding a Certificate of Competence?

It seems to refer to crop spraying, so not sure that is relevant!!

I am afraid I don't have the information you need, but I'm someone will have

This age UK factsheet may be of help.

http://www.ageuk.org.uk/Documents/E...rmanent_care_home_provision_fcs.pdf?dtrk=true
 
Last edited:

jorgieporgie

Registered User
Mar 2, 2016
1,982
0
YORKSHIRE
Did your Mum do a will to leave the house to you. I would strongly advise to get legal advise or go to citizen advise. I have never heard of it. Good Luck xx
 

chelsea girl

Registered User
Jan 25, 2015
139
0
May I suggest you change your question title to 'care home fees - property' or something similar rather than a ? Also, this question may be more appropriate in the legal/financial section.

The property can be disregarded in certain cases, whether that is a mandatory or discretionary disregard depends on the circumstances. Are you or your spouse/partner (a) aged over 60 or (b) incapacitated/disabled?

Oh sorry! Didnt know what to head my query. My husband and i are 55yrs old and we will seek legal advice.
 

Shedrech

Registered User
Dec 15, 2012
12,649
0
UK
Hi chelsea girl
I think posts are read by many members wherever you post them - I know I tend to just press "Today's Posts" to keep up to date
I did the same as jan s, and it seems grandfather's rights may be one of those terms such as 'common law wife' and suggests something like a right passed on or due to length of time - but probably is not a legal term
I think you're right to get specialist advice to settle you minds either way, so that you know how to plan for the future
best wishes
 
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Pete R

Registered User
Jul 26, 2014
2,036
0
Staffs
They can do a deferred payment, so when mum passes away then then will expect us to sell the house to pay for her care. This will leave us homeless. The manager of the ch says we might b able to apply "grandfather rights but never heard of it? Can u help? Thank u x
Never heard GF rights for this.

A DPA does not mean you have to sell the house, it can be paid back from any means.

If your Mum survives (I do hope so) till you reach 60 and you are still in the house then it will be automatically disregarded. Any outstanding debt is still payable though.

You may well be eligible to a Discretional Disregard as you have always lived there but nothing is ever certain.
 

mancmum

Registered User
Feb 6, 2012
404
0
It can apply in a council house situation

It may be possible to pass tenancies on through the family for a certain number of times. The case I heard of was once only. Sadly tenancy had been in only in husbands name, grandfather rights applied to the wife who took it on but when she died her adult daughter had no tenancy rights. If only it had passed to the daughter initially.
 

BeckyJan

Registered User
Nov 28, 2005
18,971
0
Derbyshire
I see it has been mentioned earlier about the title and suggested area for the thread. You will see now that I have changed the title and moved it to Legal and Financial and sent messages to all those who had responded.

Its sometimes better to press the report button when this sort of thing happens so that the Moderators can deal with it quickly and consult with the thread starter, ie Chelsea Girl in this case.
 

arielsmelody

Registered User
Jul 16, 2015
515
0
If you are searching on Google, I think the term you are thinking of is 'grandfather rights' rather than 'grandfather's rights'.
 

Kevinl

Registered User
Aug 24, 2013
6,383
0
Salford
It's a bit less than clear, but if the LA can do a Deferred Payment then it implies your mother owns the house outright in her name. If that the case then as Pete says you can ask for a Discretional Disregard, the LA have to weigh up all the circumstances and their first answer may be no, so you might have to fight it. The LA don't have to do a disregard (unless you meet certain conditions) but they do have to consider it.#
There's a link to a fact sheet below.
K
http://www.ageuk.org.uk/Documents/E...rmanent_care_home_provision_fcs.pdf?dtrk=true
 

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