1. eluned

    eluned Registered User

    Jun 21, 2015
    1
    My mother has dementia and was being cared for by my father until the beginning of this year when he was diagnosed with lung cancer. As a result she is now in residential care.

    Recently, my father's health has deteriorated and it looks like he will have to go into a nursing home. This means that their house is now empty. My father has said that we should sell it and arrange for my mother's half to be put in a trust fund to cover her care.

    He then wants to will his half of the house to the remaining family. Can he do this? He is under the impression that my mother is only entitled to half the house as an asset as he has had a will put in place that on his death my mum gets her half of their assets. However, I have since heard that as this will would have only been made in the last few years that it can be contested by the LA so that my mum will get all the assets.

    Does anyone have any knowledge/experience/advice concerning this issue?

    Many thanks in advance
     
  2. Quilty

    Quilty Registered User

    Aug 28, 2014
    1,051
    GLASGOW
    I dont think it works like that. If i were you i would get legal advice. If you get this wrong you may owe a lot of money to the local authority.
     
  3. LeedsLass

    LeedsLass Registered User

    Oct 13, 2014
    107
    Essex
    I agree with quilty about getting legal advice. However I assume the house is jointly owned by both your parents and your dad is obviously of sound mind so should be able to do what he wants with his half of the house? My dad recently changed his will so that his share of the house is left to my brother and me and not my mum who is in a nursing home. Definitely worth getting it checked out. Wishing you well x
     
  4. Pickles53

    Pickles53 Registered User

    Feb 25, 2014
    2,475
    Radcliffe on Trent
    Do you know if the house is owned as joint tenants or tenants in common? From what I've read on TP, if the house is owned as joint tenants then if one person dies the other partner automatically becomes the owner of the whole property irrespective of what a will says.

    I agree that legal advice is needed, as I have no idea if any trust can be set up to alter that situation.
     

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