Expert answers wills and probate question about home ownership

An expert on matters affecting carers and older people has answered a question about wills and probate matters.

Philip Spiers of FirstStop Advice, wrote a piece of advice for BBC.co.uk in response to a reader's question.

Gordon from Cardiff wrote to the news source saying that his late father had decided to make a will leaving 50 per cent of the home he jointly owned with his partner to their four offspring.

At present the reader's mother, whose financial affairs himself and his siblings have power of attorney over, remains in the house but is suffering from Alzheimers .

The reader said that they and their siblings had not used deeds to update the ownership of the house and wanted to know if they can use their mother's 50 per cent of the home to pay for her care or will have to use all their funds.

Mr Spiers said the local authority will look at the value of the home when conducting a means test for care.

He said: "However, although she might be the legal owner, they must also look at who the beneficial owners are, as this may be different to the legal owner. So in the circumstances you describe your beneficial interest should be ignored."

In addition, Age UK said that the local authority will not take a person's property value into account for residents staying in a care home paid for by the local authority, for the first three months of their stay.

Published by Hannah Carr