Care Home Fees
This can include protecting against or minimising the effects of such expenditure on care home fees, taxation, the effects of relationship breakdown and looking after the interests of your children.
Will I have to sell my home to pay for care fees?
Many people are, understandably, very concerned about this. Our experts have a broad knowledge of care home fee funding and can advise you when your assets may or may not be at risk. They can advise you of alternatives, such as NHS funding options, and discuss with you other solutions to your problem. You should also seriously think about a power of attorney at this stage.
Can I give my house to my children?
This is a question we often get asked. We would always establish your aims in giving away your home and then discuss with you the full range of options available to you. This is not something which should be undertaken lightly, without full knowledge of the consequences. It is likely that we can suggest alternatives that will better fulfil your aims, and this can often be done through your will.
My loved one’s about to go into a care home – what do I need to know?
Many people come to us when it’s too late and they’ve already committed themselves to a particular type of care funding – whether it be for themselves or for their loved one. It’s essential that you speak to us before entering into any kind of care home contract. We can advise you of your rights in that regard and discuss with you what other options you may have before you commit yourself financially. Third-party top-up agreements are often a controversial issue. You should also seriously think about a power of attorney at this stage.
Care home fees can be one of the largest expenses in your life – it’s worth taking professional advice from the outset.
Will my family have to pay inheritance tax when I die?
We can advise you if there will be any inheritance tax to pay and provide specialist advice in respect of any reliefs that might be available (such as agricultural or business reliefs). An appropriately worded will can often be the best way to pass on assets to your loved ones in a tax-efficient manner. Again, specialist advice should be sought from our experts. We can also advise on ways for families to reorganise the estate after the death of a loved one, so as to minimise unforeseen tax liabilities and plan for the better protection of your family’s wealth in the future (sometimes called deeds of family arrangement or deeds of variation).
I’m worried my child will be exploited by others – what can be done?
Trusts can be a particularly useful tool when it comes to providing for vulnerable and disabled children and adults. We can take you through the options of creating trusts both during your lifetime and in your will if you have the aim of protecting wealth for young loved ones who perhaps lack the experience or the maturity to handle large sums of money, or where you are concerned about them going through divorce proceedings or becoming bankrupt.
We also provide advice on ways in which trusts can be used by you to control the use and distribution of your assets after your death. This gives flexibility to those left to look after your wealth so that your loved ones can still be provided for, even if their own circumstances change.
I’m about to buy a property with my partner – what if we split up?
Then a cohabitation agreement is something you and your partner should consider. Think of it as a kind of insurance policy: you hope you’ll never need it, but it’s there as a safety net if the worst happens. In conjunction with declarations of trust, these agreements will set out clearly all the issues between cohabitating couples relating to joint ownership of property – especially, what will happen at the ending of the relationship. Remember that the rights of cohabiting couples are very different to those of married couples and so this is all the more reason to take advantage of our specialist advice.
Speak to our family team about advice on pre-nuptial and cohabitation agreements.
I have a new partner, but I want to ensure that my children from a previous relationship are still provided for on my death – what can be done?
This is an increasingly common scenario as family relationships become ever more complex. Do not think that you can only provide for one set of loved ones: we offer advice as to ways to balance the interests of both your new partner and your children so that both can be provided for. We will take you through different types of trusts which we can include in your will. These types of trust will enable you to control who will benefit from your wealth, and the ways in which they will benefit, after your death. See our will writing page for more information.