Trust Wills

Trust Wills and long-term care

For married couple if you use a Will Trust and by severing the tenancy of the property, so that it is owned as a 50% each and not jointly, then the dwelling house held for the purpose of accommodating the joint owners and that purpose is still subsisting, there is nothing obscure or abstruse in the conclusion that the amount of capital which the applicant’s joint possession of that dwelling house represents may fall, for the time being, to be quantified in a nominal amount. Only your share is assessed by the local authority as the part owned by the Trust is not counted.

The Care Act 2014, Charging for Residential Accommodation Guide (CRAG) Rules suggest that this arrangement will not be contested as ‘deliberate deprivation’, meaning that you have deliberately split your assets to avoid paying high care home fees.

“That deprivation of assets is where a person has intentionally deprived or decreased their overall assets in order to reduce the amount they will be charged towards their care and support.  This means that they must have known that they would need care and support and have reduced their assets in order to reduce the contribution they would be asked to make towards the cost of it”.

Making your Will now whilst you are of sound mind and in good health and have no expectation of Care will avoid.

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