I am so so confused.
you have a married couple presumably owning a house as joint tenants.
Originally husband’s will leaves his estate (half the house) to the wife whose already in care.
Hisband changes will to leave half the house to his children. Why would the authorities not say deprivation of assets as he has knowingly deprived his wife already needing care from being able to access the value she would otherwise have surely that’s the husband choosing to deprive his wife (and therefore the LA)?
My parents (joint owned house) have been told by a solicitor that my dad should not change his will from leaving everything to my PWD mother to leaving his half to me and)or sister as it would be called deprivation of assets. Even though mum is not needing or getting any care now because that change would have happened AFTER mum’s DIAGNOSIS and that’s all that matters.
Hi Cazcaz. I think your parents need to take advice from a different solicitor. Deprivation of assets is when the person needing care takes action (transferring assets) so that those assets are not available to pay care fees.
If the spouse, parent or anyone else decides to change their will so as to leave nothing to the person needing care, that is not deprivation of assets.
If they are joint tenants, it may be more complicated because they'll need to become tenants in common first.
