Areas of Law / Property

I’ve read somewhere about making a Property Trust Will in order to prevent the local authority using the money tied up in your house to pay for your care home fees. Can you explain what’s required?

It’s a way of protecting half your home. Married couples can become “tenants in common”, so that you each own half of your home separately, and each make a will leaving your half in trust. So, assuming you survive your spouse, although your own half of the house could be used to meet care costs, the other half would be safe because it wouldn’t belong to you. Depending on the type of trust, you will be able to stay on in the house after your spouse’s death, and even move house if you wish. Talk it through with a solicitor who specialises in this area.

Area of law: Property, Wills and Probate

More Questions About Property

For various reasons I don’t want any of my three children, who are in their 50s, to inherit anything from me when I die. But the two firms of solicitors I’ve spoken to have refused to add a codicil to my will barring my children from contesting it. They just suggest putting my partner’s name on the deeds to my house.

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One of my brothers is severely disabled. Since my father died he now lives with my other brother, and actually owns 90 per cent of the property. We asked a solicitor whether he ought to make a will, but they didn’t think he had the necessary understanding to do so and in any case in the event of his death we would inherit his estate. Was this good advice?

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