Hi, this is a bit long but if any of you have experience with councils and DPA's then you may have the answer for us. My Dad has been rejected for a DPA as the council say there is a charge on the property because there is a tenants in common Will on the property, both parents live in the care home and both parents are under the £23,250 threshold. What the council are saying is we can't get a DPA on the property as when one of our parents die then there half of the house would come to my brother and myself. But if this is the case then who can actually get a DPA? As I'm assuming most Wills would be set up like this? Any advice you have would be appreciated, many thanks.
Charges on property & Tenants in common will
- Thread starter merrydragons
- Start date
I can’t comment directly on your situation but I was surprised when my daughter and I visited our lawyer after my husbands death. We were tenants in common with our home left to each other in our will and thereafter to our three daughters. Our lawyer pointed out to me that I now had the right to live in our home as long as I wished but I only owned half of it and if I should wish to sell I must have the agreement of my daughters. He also said I must maintain it to a high level and ensure that it was properly insured as I would owe my daughters their half if anything happened to it.
Now I have wonderful daughters and I would have done the above anyway but neither John nor I realised precisely what tenants in common implied. Your situation seems to be tied up somewhere in that.
Now I have wonderful daughters and I would have done the above anyway but neither John nor I realised precisely what tenants in common implied. Your situation seems to be tied up somewhere in that.
Welcome to the forum. The problem will be the existing charge on the property as the local authority will usually only consider a deferred payment agreement if they can have first charge on the property eg no existing mortgage etc. We currently have a DPA on my Mum's home pending sale but her will doesn't contain any reference to tenants in common, it states that the house will be left to her daughters (she is divorced). I can see how referring to tenants in common is a way to potentially protect inheritance and prevent a property being sold to pay for care fees but the content of a will only applies after death and your Dad needs the money now.
If your parent's house is empty then there will be ongoing maintenance & bills to pay out of their money, rather than being spent on their care. Do you and your brother hold power of attorney for finances? If so you have a legal responsibility to ensure that financial decisions are made in their best interests. My sister and I are attorneys and know that there will be little, if any, inheritance left when Mum dies but her care is the priority and we want to make sure that she is well looked after.
If your parent's house is empty then there will be ongoing maintenance & bills to pay out of their money, rather than being spent on their care. Do you and your brother hold power of attorney for finances? If so you have a legal responsibility to ensure that financial decisions are made in their best interests. My sister and I are attorneys and know that there will be little, if any, inheritance left when Mum dies but her care is the priority and we want to make sure that she is well looked after.
Thanks for your reply, There is no charge on the house, ie no mortgage or loans. The only thing is that the Will says on death of one of the owners (Mum or Dad) then the other half would go to my brother and myself, but surely this is why we have to get a letter of undertaking to say that the council would get there loan back before that ? It's so complicated .
