Hi Does anyone have experience of LA challenging the nil value of 1/2 a house held in trust disregard concept?
I inherited my fathers 1/2 of the house he shared with my mother when he died. They had a new will and property title/ownership structure etc were all updated by our solicitor years before my mum had issues with dementia.
The purpose of the will/trust clause was to protect my mums right to live in the house until she died. I am an only child and run my own business so i need to be careful about assets i have in terms of my liability.
My mums condition has progressively worsened (we reached a real crisis over Christmas) and is now in nursing care and being assessed for assistance as having assets above the £23k level (this is only from the property and we started this in 2013 so CRAG applies not the new Care Act).
The house is let to tenants and the rent is income for my mother and is assessed as such towards her care.
The LA are raising issues with the trust purpose and that my mum is not in residence, and are using these as reasons to not disregard.
They say the house has a value and want me to pay 1/2 for valuation (I believe they should pay this).
As my mum now needs nursing care the situation with the LA is at a head. I am also considering contacting the Ombudsman as they have been sat on this for 2 years (in spite of my chasing) and i think is maladministration on their part and it is making an already stressful situation worse. A battle for later perhaps!
My solicitor has confirmed we are correct in that the house should be disregarded but I expect we will have a battle - has anyone been through this and has any advice?
P.S. Sorry if this is long but everything around this subject is made so complicated by the LA.
P.P.S Don't even get me started on top ups - the LA told me it was my responsibility and duty to pay the top up and certainly not my choice... misleading to the point of lying!
I inherited my fathers 1/2 of the house he shared with my mother when he died. They had a new will and property title/ownership structure etc were all updated by our solicitor years before my mum had issues with dementia.
The purpose of the will/trust clause was to protect my mums right to live in the house until she died. I am an only child and run my own business so i need to be careful about assets i have in terms of my liability.
My mums condition has progressively worsened (we reached a real crisis over Christmas) and is now in nursing care and being assessed for assistance as having assets above the £23k level (this is only from the property and we started this in 2013 so CRAG applies not the new Care Act).
The house is let to tenants and the rent is income for my mother and is assessed as such towards her care.
The LA are raising issues with the trust purpose and that my mum is not in residence, and are using these as reasons to not disregard.
They say the house has a value and want me to pay 1/2 for valuation (I believe they should pay this).
As my mum now needs nursing care the situation with the LA is at a head. I am also considering contacting the Ombudsman as they have been sat on this for 2 years (in spite of my chasing) and i think is maladministration on their part and it is making an already stressful situation worse. A battle for later perhaps!
My solicitor has confirmed we are correct in that the house should be disregarded but I expect we will have a battle - has anyone been through this and has any advice?
P.S. Sorry if this is long but everything around this subject is made so complicated by the LA.
P.P.S Don't even get me started on top ups - the LA told me it was my responsibility and duty to pay the top up and certainly not my choice... misleading to the point of lying!