Please take care – not everyone may wish to consider this at this time, but it’s the type of issue many are faced with (or something similar) when looking at funding care for relatives ......
A friend (I have yet to persuade to post on TP) has come across a situation which I suspect needs independent and individual legal help – and I know no-one here is qualified to advise – but this is a ‘new one’ on me ... and I can’t recall this ‘scenario’ being raised on TP before so thought it might help others too to share any responses .... (apart from me feeding back) .....
Can someone make a will which stipulates that their main (or other) property cannot be used for any other purpose other than to be bequeathed to their beneficiaries after their death ? If the will was drawn up say 15 or 20 years ago – with or without any thought of having to realise their asset to pay for care – could their wishes be fulfilled? Or does the ‘Law of the Land’ over-ride if they later in life need to fund their care outside their own home?
Would the property (ies) HAVE to be sold against that person’s wishes?
Is there a difference in wills drawn up before a certain time? (Else we might all run out to protect our children’s inheritances and damned where we might languish if necessary?) Not so much a matter of inheritance – but if someone has been quite explicit about matters of property – how does an executor subsequently deal with an estate when that property has long since gone? - or how does an attorney deal with affairs knowing stipulations in someone’s will (not yet deceased) will never be realised?
Sorry, not nice thoughts – but very important in terms of honouring people’s wishes and managing ‘funding’ in the 'here and now'.
Thanks, Karen, x
A friend (I have yet to persuade to post on TP) has come across a situation which I suspect needs independent and individual legal help – and I know no-one here is qualified to advise – but this is a ‘new one’ on me ... and I can’t recall this ‘scenario’ being raised on TP before so thought it might help others too to share any responses .... (apart from me feeding back) .....
Can someone make a will which stipulates that their main (or other) property cannot be used for any other purpose other than to be bequeathed to their beneficiaries after their death ? If the will was drawn up say 15 or 20 years ago – with or without any thought of having to realise their asset to pay for care – could their wishes be fulfilled? Or does the ‘Law of the Land’ over-ride if they later in life need to fund their care outside their own home?
Would the property (ies) HAVE to be sold against that person’s wishes?
Is there a difference in wills drawn up before a certain time? (Else we might all run out to protect our children’s inheritances and damned where we might languish if necessary?) Not so much a matter of inheritance – but if someone has been quite explicit about matters of property – how does an executor subsequently deal with an estate when that property has long since gone? - or how does an attorney deal with affairs knowing stipulations in someone’s will (not yet deceased) will never be realised?
Sorry, not nice thoughts – but very important in terms of honouring people’s wishes and managing ‘funding’ in the 'here and now'.
Thanks, Karen, x