The question is from Mohinder, 77
Me & my wife own our property. Now she has gone to a nursing home. I am living my own in the property we had made a will which is written by solicitor put into trust 14 years ago. My question is if we sell the house, Social services will start charging nursing home fees from the sale of the property.
Answer by Alistair Beckett, CFPTM Chartered FCSI, Proprietor, John Roddick & Son
If the title to the house has already been validly placed in trust then it is owned by the Trustees rather than the clients. Unless the wife has retained a beneficial interest for herself (e.g. a liferent of the trust funds) then the house and consequently its sale value should now be out with her personal estate and therefore beyond assessment for care home purposes. If however the trust provisions only come into effect upon the wife's death then the house would be available to provide funding for retirement care.
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