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Wills and property - Carers UK Forum

Wills and property

Share your ideas about the practical side of caring.
Hoping someone will know the answer to this!

My grandmother formerly owned this house, and I've just managed to get a copy of her will (she died in 1994).

It says the house is left to my mother and my father (who is now deceased) for the length of their life. On the surviving partner's death, it is to come to myself (named) and my sister (named).

Mum is still alive. Does this mean it can't be sold until after my mother's death?

It's a bit important for me to know, as I've been living here for 5 years (her carer for 3-4 years), and if Mum has to go into residential care, I'm worried it might have to be sold to pay for the care.... which would leave me homeless.

So does the fact it has been "left" to my sister and I in the future, mean it can't be sold to pay for mum's care?

Help!
It will depend on the exact wording of your Grandmother's will - I'd recommend that you seek the advice of a Solicitor.

If the will says your Mother has only a 'life time' interest in the property then I'm pretty sure she can't sell it before it comes down to you. I'm also pretty sure that if you are over 60 and it is your only home then it can't be sold to pay for your Mum's care.

But I'm no expert so it would best to seek legal advice !
There are two issues here. Google "Charging for Residential Accommodation Guide" for full details of what can, and cannot, be taken into consideration when charging for residential care. I always prefer to print off things like this so I can run over all the important stuff with a highlighter pen. I'm a great believer in the saying "Information is Power!" I'm sure it will answer most of your questions.
The will sounds great to me. When your mum has a financial assessment from the local authority, they might ask for a copy of the will, but in any case, they cannot sell the house as it would make you homeless. There was a landmark court case on this subject earlier in the year, I know I put the details on the forum at the time, just can't remember the name of the case right now. I'm sure the Carers UK helpline will have all the details.
susieq wrote: If the will says your Mother has only a 'life time' interest in the property then I'm pretty sure she can't sell it before it comes down to you.
Yes, that's more or less what it says.
I'm also pretty sure that if you are over 60 and it is your only home then it can't be sold to pay for your Mum's care.
Sadly (gladly?!) not old enough yet!! :lol:
bowlingbun wrote: The will sounds great to me. When your mum has a financial assessment from the local authority, they might ask for a copy of the will, but in any case, they cannot sell the house as it would make you homeless. There was a landmark court case on this subject earlier in the year, I know I put the details on the forum at the time, just can't remember the name of the case right now. I'm sure the Carers UK helpline will have all the details.
I looked up all the details and faqs yesterday and it seems they *could* make me homeless, as I'm not over 60 and don't fulfill any of the other criteria.

However, I remember when my grandmother had that will made. She was in sheltered housing then, and my parents were living in her house (this one). They had previously been in a council house.

She had a very canny solicitor who set up the will that way, as it avoided the house being sold when she went into residential herself, thus making my parents homeless. It looks as though her solicitor and her may be my saviour as well, all these years later.