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Risk to my inheritance - steps to take?

including wills and probate
sg31
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Re: Risk to my inheritance - steps to take?

#336865

Postby sg31 » August 29th, 2020, 10:30 pm

stewamax wrote:
bluedonkey wrote:Or situation reversed, Dad goes into care home, GF remains in the house as sole occupant

This would raise an interesting conundrum for the local authority if they wanted the house to be sold to provide care home fees.
They cannot normally do this while there is another occupant - particularly a spouse* - there and they have to lodge a charge on the house for when it is eventually sold. But a GF 'in residence' but with her own home .... hmmm.

* who may anyway own a share via common tenancy or own it jointly with the other spouse


Mum went into a home, Dad stayed at home and my sister moved in to look after him. When Dad died mum was still in the home.

The local authority checked to see if my sister had another home. As she didn't they couldn't force the sale of the property and didn't take a charge against it. If she had another property they would have done so.

This was about 5 or 6 years ago now, the regulations might have changed but I can'timagine they have.

One thing I have found, speaking to people in different areas about this subject, each authority applies the regulations in a different way. Some of which don't actually comply with the wording as a court would interpret it. Not that this is likely to be a concern in this case.

didds
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Re: Risk to my inheritance - steps to take?

#337472

Postby didds » September 1st, 2020, 7:05 pm

sg31 wrote:The local authority checked to see if my sister had another home. As she didn't they couldn't force the sale of the property and didn't take a charge against it. If she had another property they would have done so.

This was about 5 or 6 years ago now, the regulations might have changed but I can'timagine they have.


Was your sister over 60?

AIUI that is a bit of a crux currently. 59 years old in this poisiton? You are now homeless.

60? No problems.

(happy to be wrong!)

didds

sg31
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Re: Risk to my inheritance - steps to take?

#337732

Postby sg31 » September 2nd, 2020, 6:36 pm

didds wrote:
Was your sister over 60?

AIUI that is a bit of a crux currently. 59 years old in this poisiton? You are now homeless.

60? No problems.

(happy to be wrong!)

didds


Yes my sister was over 60 at the time. As far as I'm aware the over 60 regulation is still in force although I'm not up to date at present.

eisman
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Re: Risk to my inheritance - steps to take?

#337780

Postby eisman » September 2nd, 2020, 11:43 pm

Note that, if your father and his lady friend were to marry, his existing will would automatically be revoked by the marriage. Unless he executed a new will after marrying, on his death the rules of intestacy would apply.

If he died first without having made a new will, under the intestacy rules the new wife would be entitled to the first £270,000 of his estate, plus half of the remainder. Equally, if his wife died first without having made a new will, he would benefit from her estate to the same extent.

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Re: Risk to my inheritance - steps to take?

#337781

Postby PinkDalek » September 3rd, 2020, 12:25 am

eisman wrote:... If he died first without having made a new will, under the intestacy rules the new wife would be entitled to the first £270,000 of his estate, plus half of the remainder. ...


I don’t think zico has said where the 200 hundred miles away happens to be so, just in case, compare & contrast:

England & Wales https://www.thegazette.co.uk/wills-and- ... ent/103523

Scotland https://www.thegazette.co.uk/wills-and- ... ent/103535

Your summary is for the former.


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