Is it possible to stop my house being sold to pay for my care?

If you are concerned about the prospect of either you or your married or civil partner going into care in the future, a property protection trust may be suitable for you. Properties are usually subject to local authority means testing for the purpose of calculating care fees.


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Often, couples make Wills which leave their entire estate to the surviving spouse and, upon the death of the spouse, to their children. This essentially means that the survivor inherits the wealth of the deceased.


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The problem with this is that the inherited wealth will be counted as part of the surviving spouse’s estate. If their wealth is over a certain level, they may be required to use the money to pay for care fees should they require it. 


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By placing the property or part of the property in trust, you can ensure that it will not be used to pay the care fees of the surviving spouse or civil partner. As a result, the ultimate beneficiaries will also inherit more.