1. Expert Q&A: Benefits - Weds 23 October, 3-4pm

    Our next expert Q&A will be on the topic of benefits. It will be hosted by Lauren from our Knowledge Services team. She'll be answering your questions on Wednesday 23 October between 3-4pm.

    You can either post your question >here< or email them to us at talkingpoint@alzheimers.org.uk and we'll be happy to ask them on your behalf.

  1. Wifenotcarer

    Wifenotcarer Registered User

    Mar 11, 2018
    245
    Central Scotland
    OH and I made our wills back in 2006. They are almost identical except that I am named as executor for OH and he is named for me. I am wondering if now that OH has been 'certified' as lacking capacity, is permanently resident in a care home and POA has been activated, if I should or need to change MY will to appoint our 2 daughters as joint executors? and leave everything to them rather than OH?

    Also, both our wills state that the surviving spouse keeps their half share of the family home, with the deceased spouse's share being gifted 50/50 to our two daughters. But should I predecease my OH and am no longer living alone in the house, would the house then become part of his estate and have to be sold to meet carehome fees?

    Am I worrying unnecessarily or do I need to see a solicitor urgently?? I am not expecting to die soon and take great care not to fall under the proverbial bus. I would appreciate any advice you knowledgeable posters can give.
     
  2. Pete1

    Pete1 Registered User

    Jul 16, 2019
    106
    Male
    Hi @Wifenotcarer I would suggest that you do need to change the will. Book an appointment with your solicitor, but whilst doing that you can probably have a chat over the 'phone and they will be able to guide you as to the best course of action (this is what I did), it will cost you but personally I think it is worth it. All the best.
     
  3. canary

    canary Registered User

    Feb 25, 2014
    10,531
    Female
    South coast
    Yes it sounds like it would be a good idea to change your will so that your daughters become the executors. If you wish to change it so that you dont leave anything to your OH, then now is the time to do it.

    Im assuming that you both own the house as tenant in common and so have willed your share of the house to your daughters.

    If you predecease your husband then the outcome will be that your husband will still own his half and your two daughters will both own a quarter. At this point, yes your husbands share of the house will no longer be disregarded and will be taken into account for care home fees. Note that only his half will be considered, the other half will belong to your daughters and will not count. So, for example, if the house is worth £200,000 your husband will have £100,000 that the LA will consider for CH fees, but the other £100,000 will not as it doesnt belong to him. You cant do anything about his share, Im afraid. If it is gifted to his daughters while he is alive it will be considered Deprivation of Assets.
     
  4. nitram

    nitram Registered User

    Apr 6, 2011
    19,034
    Male
    North Manchester

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