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Tennants in Common and Financial Assessement - Carers UK Forum

Tennants in Common and Financial Assessement

Share information, support and advice on all aspects of caring.
It's come to the time that I need to consider residential care for my nan (she's 99).
My question is around 13 years ago she had my name put onto the deeds to her property by a solicitor so that at the time of her death it would make it easier with regards to probate.
However now I'm not sure how I stand with regards to the LA and her financial assessment?
Can they only assess her on her 50% share or will they consider the full property as I was just 'added on'?
It's proving a very stressful time as I keep getting conflicting advice.
Any advice would be gratefully appreciated.
Carers UK has a helpline to help carers with any problem. I'm sure they will be able to give you a definitive answer, but I'm fairly certain you have nothing to worry about.
Hmm, if your nan died tomorrow, the taxman would say that as more than seven years have passed since she gifted half the property to you, there is no inheritance tax due for you to pay (assuming the property exceeded the inheritance tax threshold!)

I would argue that if that's fine by the taxman, it damn well should be fine for the Local Authority. You've owned half the property for 13 years - it's YOURS, that half.

BUT, so far as I know, this has NOT been put to the test yet in case law! LAs are clawing back as much as they can from relatives to whom property/savings has been gifted by people now in need of care, and whilst that is understandable if the gift were made specficially to bring the person under the £23,500 LA-funding threshold, or was a very recent gift, it is NOT understandable if the gift was made sufficiently long ago to warrant exemption from inheritance tax.

I think it's high time case law established that what is good enough for the taxman (and they are pretty damn keen on getting their money, as we know!) is good enough for the local authority.

I think it's a very good 'line' to argue from, but, as I say, I don't know of any case where a relative has 'fought off' an LA making a claim on a property gifted over seven years ago.

Good luck to you. You may make case law, and that would help all of us!!!!
The following article from the Guardian sheds more light on this issue :

https://www.theguardian.com/money/2014/ ... e-solution
Interesting article BUT it only addresses the issue for husbands and wives, NOT for passing property on to children or grandchildren! That's the problem I think - just what the LA can legally do to 'reclaim' assets that have 'already' been passed on to the next generation.

It really does need urgent legal clarification. It could be something Carers UK takes up 'officially'.

We just need rulings one way or the other! eg, case law!
When dealing with property ownership passing down in the family , there are more than just potential clawbacks from the LAs to consider.

As usual with property owners registering as tenants in common , the initial question of wills and potential inheritance tax to be considered. most common one woud be a husband and wife each wanting their share in the property to pass on to their children from a previous relationship.

Alternatively , trusts established to provide the same outcome wherein the husband and wife are the trustees for the ultimate beneficiaries. From past experience , can be a minefield if , at the time of the first death , the beneficiaries are at loggerheads with each other ... one half wanting to sell , the other half wanting the surviving trustee to remain in occupation.

In any event , specialist legal advice is essential from square one.
From the Age UK factsheet referring to deliberate deprivation of assests

http://www.ageuk.org.uk/Documents/EN-GB ... ?dtrk=true
In some cases, your local authority may conduct its own investigations
into whether deprivation of assets has occurred, rather than relying
solely on the information you have provided.
Annex E provides a list of factors the local authority should take into
 whether avoiding the care and support charge was a significant
the timing of the disposal of the asset. At the point the capital was
disposed of could the person have a reasonable expectation of the need
for care and support?

 did the person have a reasonable expectation of needing to contribute to
the cost of their eligible care needs?
I would argue that 13 years ago Tracey's Nan did not have a 'reasonable expectation of the need for care and support' and therefore by transferring half the property to Tracey no deprivation of assets has been made.

(The Age UK Factsheets on this problem are very clear and make useful reading)
I really can't see a problem. It's one thing changing things now when the care home is looming, but this was thirteen years ago, and with a different intention. The advice to consult the Carers UK line is right. The stuff about deliberate deprivation is not relevant in this case IMO. But in cases where it is relevant, the LA has to weigh factors and it would be difficult to fight in court or to reform the law. Administrative law is like that - provided the LA can show it considered the factors. But please contact the helpline to set your mind at rest and don't get confused by the rest of the discussion here!
I have often said that in certain circumstances, some feedback from the helpline would be really useful. This is certainly one of those. Who else agrees?
Seconded ... bearing in mind recommendations made over the years which have all fell on deaf ears.

Depends on what readers would welcome given the opportunity to select from whichever system the Voice can offer.

Specialist advisors with separate sectors are now the norm on more than one of the supporting organisations for our carees ... SCOPE a good example. All questions and answers visible on the forum.


There again , the mention of an Umbrella Organisation supplying specialists across forums met with no response from readers a little over four months ago.
I have in mind a nucleus of expertise at the centre supplying each arm with information and services unable to the arms if they remain as they were.

For example :

A small part time legal team specialising in all areas of social care.