It wouldn’t be taken into account at this stage then. It isn’t an asset that he legally owns in any way. Maybe one day if he *does* end up inheriting, then his share would be included in a revised assessment. But ‘expected inheritance’ isn’t a thing. I mean, my Mum ‘expects’ to win the lottery every week, but she hasn’t yet!
Inherited home disregarded or not?
- Thread starter robt445
- Start date
I suppose I was wondering what would happen if the will was now changed to leave the share to someone else in the family?
It is for the first 2 years after death
Change a will after a death
Changing an inheritance after death (a 'variation') and how it can affect amounts of Inheritance and Capital Gains tax due
The will couldn't be changed at this time. A deed of variation wouldn't be possible because that could be seen as deprivation if the house share does count as a asset. You can't stop an asset coming to you if you know it may affect care finances.
But what about the other person who lives in the house and has/will have a majority share. The council can't force someone to sell their home can they? They could be making someone homeless.
Could it be that the council might say that they would claim some money back when the occupants of the house die?
But what about the other person who lives in the house and has/will have a majority share. The council can't force someone to sell their home can they? They could be making someone homeless.
Could it be that the council might say that they would claim some money back when the occupants of the house die?
I am confused.....I assume some person who has a share in this property has made a Will to leave the share of the property to the person who is receiving care. Therefore it is not the person who is receiving care that owns that asset? Therefore it cannot be considered in any assessment.
Where someone's Will provides for asset - say a house or a share of a house - to pass on the Will maker's death to a person in care
- the asset does not at that time belong to the person in care, whilst the Will make is alive, as the Will could be changed or the person in care might die first
- thus, as it's only a "presumptive" asset of the person in care it cannot be taken in to account in any financial assessment of the person in
- when the Will maker dies there may be claims against the estate of the Will maker, and thus, usually only when the asset is actually transferred to the person in care does it count as an asset
- however, if it's only a minority share in a house, then the owners would have to be tenants in common, and it could be argued as of no or v little value as you couldn't sell such a share on the open market
- and if the owner of the majority of the share in the house is living there or has a right to live there then again trhe minority interest would be disregarded in a financial assessment, in my view
- the asset does not at that time belong to the person in care, whilst the Will make is alive, as the Will could be changed or the person in care might die first
- thus, as it's only a "presumptive" asset of the person in care it cannot be taken in to account in any financial assessment of the person in
- when the Will maker dies there may be claims against the estate of the Will maker, and thus, usually only when the asset is actually transferred to the person in care does it count as an asset
- however, if it's only a minority share in a house, then the owners would have to be tenants in common, and it could be argued as of no or v little value as you couldn't sell such a share on the open market
- and if the owner of the majority of the share in the house is living there or has a right to live there then again trhe minority interest would be disregarded in a financial assessment, in my view
Thanks, I am hoping the last comment you've made is the one that should apply.
To clear up confusion with an earlier poster. The person who's left the will has died but probate hasn't completed. Hence we know the asset is coming to the person receiving care.
The initial reaction from SS has said it would be an asset but they have said I should put in a complaint to ask for it to be reconsidered. So I'm currently scouring Internet for any council docs or cases that may be similar.
The important factor to me is whether it would be lawful for the council to essentially force a majority owner out of their home just because a minority owner gains an asset.
To clear up confusion with an earlier poster. The person who's left the will has died but probate hasn't completed. Hence we know the asset is coming to the person receiving care.
The initial reaction from SS has said it would be an asset but they have said I should put in a complaint to ask for it to be reconsidered. So I'm currently scouring Internet for any council docs or cases that may be similar.
The important factor to me is whether it would be lawful for the council to essentially force a majority owner out of their home just because a minority owner gains an asset.
There have been threads on here from people in exactly this position where SS have required the home to be sold. I dont know what happened in these cases - often the OP does not return to tell us what happens - and (as far as I know) there have been no court cases.
I think you need proper legal advice
I keep thinking back to the member, his brother and grandfather where they had industrial units attached to their homes. As they were legally unable to split the property, the LA wanted the whole lot sold and that was houses with children in them and the brother's jobs. I don't know if this has been resolved.
@robt445
My dad’s home was in a trust. When he died it was up to the trustees who got the bungalow. It was not subject to the terms of his will. They were totally separate things. It was complicated to sort out and I had to find a specialist solicitor to understand it. I went back to the solicitor who had written the trust. I think his was a discretionary trust.
My dad’s home was in a trust. When he died it was up to the trustees who got the bungalow. It was not subject to the terms of his will. They were totally separate things. It was complicated to sort out and I had to find a specialist solicitor to understand it. I went back to the solicitor who had written the trust. I think his was a discretionary trust.
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