Go Back  British Expats > Living & Moving Abroad > Australia
Reload this Page >

A question for any UK lawyers

A question for any UK lawyers

Old Sep 18th 2010, 2:10 am
  #16  
Just Joined
Thread Starter
 
Joined: Dec 2007
Location: Vic Au
Posts: 25
Marissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant future
Default Re: A question for any UK lawyers

Originally Posted by Amazulu
That he paid tax and NI all his life is immaterial to this. He gets a pension from his NI contributions and his taxes paid for him to be defended, protected, his and others welfare, to have roads to drive on etc.
I haven't posted this for a slanging match so if you can't help don't bother replying.
And that goes to anyone who wants to add similar comments, I will just ignore from now on
Thankyou
Marissa is offline  
Old Sep 18th 2010, 3:03 am
  #17  
Proudly Deplorable
 
Amazulu's Avatar
 
Joined: May 2003
Location: Alloha snack bar
Posts: 24,246
Amazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond repute
Default Re: A question for any UK lawyers

Originally Posted by Marissa
I haven't posted this for a slanging match so if you can't help don't bother replying.
And that goes to anyone who wants to add similar comments, I will just ignore from now on
Thankyou
Chillax - look up the meaning of the word 'forum'. My post was reasonable and I was not slagging anyone off.

To ignore is ignorant.
Amazulu is offline  
Old Sep 18th 2010, 3:50 am
  #18  
Still alive
 
Dorothy's Avatar
 
Joined: Jan 2006
Posts: 28,994
Dorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond repute
Default Re: A question for any UK lawyers

Originally Posted by Marissa
Yes, I think it is wrong when my dad as worked all his life and paid his tax and NI and then take his house off him to pay for his care, when there are others in the same home get it for free. And yes, pretty obvious isn't it, our inheritance WILL go and if there is something that I can do to stop this happening, I will.

Those people living there for "free" are living there compliments of the taxes and NI they paid. And he's your father for Christ's sake. Instead of worrying about how much money you'll get from his house how about paying for his care with the proceeds of its sale in a private home?
Dorothy is offline  
Old Sep 18th 2010, 5:02 am
  #19  
And YOU'RE paying for it!
 
Joined: May 2007
Location: kipper tie?
Posts: 2,328
lapin_windstar has a reputation beyond reputelapin_windstar has a reputation beyond reputelapin_windstar has a reputation beyond reputelapin_windstar has a reputation beyond reputelapin_windstar has a reputation beyond reputelapin_windstar has a reputation beyond reputelapin_windstar has a reputation beyond reputelapin_windstar has a reputation beyond reputelapin_windstar has a reputation beyond reputelapin_windstar has a reputation beyond reputelapin_windstar has a reputation beyond repute
Default Re: A question for any UK lawyers

Originally Posted by Marissa
I have just returned from the UK, so she was an English lawyer that my sister and brother arranged the appointment.
No, I know. If she didn't advise you properly, you need to speak to one that actually knows WTF they are on about because they're experienced in this area, is what I am saying. Just because they were admitted as a solicitor with a 51% pass 20 years ago, it doesn't mean they know the answer to the question you ask them - but a decent lawyer will say either "I don't know about that area but I can refer you to someone who does" or "I don't know about that area but I can find out". Telling you "I can't advise anything" is just silly of them.

If you go here, you can find solicitors by speciality area: http://www.lawsociety.org.uk/choosin...firmsearch.law

A financial consultant experienced in estate planning might also be worth speaking to.

Last edited by lapin_windstar; Sep 18th 2010 at 5:07 am.
lapin_windstar is offline  
Old Sep 18th 2010, 5:47 am
  #20  
Just Joined
Thread Starter
 
Joined: Dec 2007
Location: Vic Au
Posts: 25
Marissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant future
Default Re: A question for any UK lawyers

Originally Posted by lapin_windstar
No, I know. If she didn't advise you properly, you need to speak to one that actually knows WTF they are on about because they're experienced in this area, is what I am saying. Just because they were admitted as a solicitor with a 51% pass 20 years ago, it doesn't mean they know the answer to the question you ask them - but a decent lawyer will say either "I don't know about that area but I can refer you to someone who does" or "I don't know about that area but I can find out". Telling you "I can't advise anything" is just silly of them.

If you go here, you can find solicitors by speciality area: http://www.lawsociety.org.uk/choosin...firmsearch.law

A financial consultant experienced in estate planning might also be worth speaking to.
Thanks, I will pass this on to my brother
Marissa is offline  
Old Sep 18th 2010, 5:57 am
  #21  
sel
~~~
 
sel's Avatar
 
Joined: Nov 2004
Posts: 1,849
sel has a reputation beyond reputesel has a reputation beyond reputesel has a reputation beyond reputesel has a reputation beyond reputesel has a reputation beyond reputesel has a reputation beyond reputesel has a reputation beyond reputesel has a reputation beyond reputesel has a reputation beyond reputesel has a reputation beyond reputesel has a reputation beyond repute
Default Re: A question for any UK lawyers

Originally Posted by Dorothy
Those people living there for "free" are living there compliments of the taxes and NI they paid. And he's your father for Christ's sake. Instead of worrying about how much money you'll get from his house how about paying for his care with the proceeds of its sale in a private home?
I expect its her dad who is instigating all this as he doesnt want to see all his hard earned go back to the state and wants his kids to have it, which is fair enough.
sel is offline  
Old Sep 18th 2010, 6:57 am
  #22  
Still alive
 
Dorothy's Avatar
 
Joined: Jan 2006
Posts: 28,994
Dorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond repute
Default Re: A question for any UK lawyers

Originally Posted by sel
I expect its her dad who is instigating all this as he doesnt want to see all his hard earned go back to the state and wants his kids to have it, which is fair enough.
This "And yes, pretty obvious isn't it, our inheritance WILL go and if there is something that I can do to stop this happening, I will." posted by the OP tells me that is her who is interested in the money, and not the father.

Either way, when my father was dying we spent what little money he would have left us on his care, not worrying about how to smuggle the proceeds from his house sale out of the country.
Dorothy is offline  
Old Sep 18th 2010, 8:11 am
  #23  
Just Joined
Thread Starter
 
Joined: Dec 2007
Location: Vic Au
Posts: 25
Marissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant futureMarissa has a brilliant future
Default Re: A question for any UK lawyers

Originally Posted by sel
I expect its her dad who is instigating all this as he doesnt want to see all his hard earned go back to the state and wants his kids to have it, which is fair enough.
Yes it is my dad that has instigated this, although I know there will be alot of people on this site that wont believe this. I know what this site is like with certain people and their hurtful comments, but, I also know that there are a lot of really nice people that try to help and that far out weighs the small minded attitude of some. Thanks for your support.
Marissa is offline  
Old Sep 18th 2010, 8:16 am
  #24  
Forum Regular
 
Joined: Aug 2010
Posts: 68
stuie83 has a reputation beyond reputestuie83 has a reputation beyond reputestuie83 has a reputation beyond reputestuie83 has a reputation beyond reputestuie83 has a reputation beyond reputestuie83 has a reputation beyond reputestuie83 has a reputation beyond reputestuie83 has a reputation beyond reputestuie83 has a reputation beyond reputestuie83 has a reputation beyond reputestuie83 has a reputation beyond repute
Default Re: A question for any UK lawyers

Whilst there are people around who have one care in life - money - I wouldn't be surprised if the OPs statement "And yes, pretty obvious isn't it, our inheritance WILL go and if there is something that I can do to stop this happening, I will" is a manifestation of her drive to preserve her father’s assets in accordance with his wishes, rather than clear evidence that she cares only for her inheritance and not for her fathers wellbeing. After all it was said in response to "Something wrong with paying for the care he needs from the assets he has? A bit like the rest of us do or are you worried about your inheritance shrinking?".

The OPs father's frail physical health may be failing him, however we should not assume that his mind is impaired, he may have full capacity to make decisions about his finances and may well be instructing his children to research the options available to them. Yes working and paying taxes/NI throughout his life paid for him "to be defended, protected, his and others welfare, to have roads to drive on etc." and many, many people work and contribute for this. However in our society it's not unusual to begrudge having all your assets eroded and your children’s inheritance depleted by the requirement to pay for personal care when there are many citizens who never worked, never contributed to tax/NI, and who have sought financial assistance from the government throughout their lives.

Yes the money to pay for your father's care has to come from somewhere, hence people can't just switch ownership of assets/move money around to avoid paying for that care. However if there is a legal way to minimise the cost to your family I personally see nothing wrong with being savvy and exploring this. Those on mega salaries do similar all the time, accountants make £££s showing people how to minimise payments to the government whilst staying within the bounds of the law. Perhaps “the rest of us” who don’t explore these options are naïve?

Anyhow… if your father is asking you to see what you can do to preserve his assets, if further legal advice from a competent solicitor doesn’t provide you with any useful options you could consider whether investing in an annuity to cover the cost of care is a viable option. This topic was recently discussed in The Guardian http://www.guardian.co.uk/money/2010...ement-planning
stuie83 is offline  
Old Sep 18th 2010, 8:24 am
  #25  
Lost in BE Cyberspace
 
Bermudashorts's Avatar
 
Joined: Feb 2009
Location: UK
Posts: 14,284
Bermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond reputeBermudashorts has a reputation beyond repute
Default Re: A question for any UK lawyers

Originally Posted by Marissa
Yes it is my dad that has instigated this, although I know there will be alot of people on this site that wont believe this. I know what this site is like with certain people and their hurtful comments, but, I also know that there are a lot of really nice people that try to help and that far out weighs the small minded attitude of some. Thanks for your support.
Mmmm so you started a thread requesting only proper (and free) legal advice, no doubt because you don't want to waste a penny of your inheritance; you are putting your dad into some state nursing home, god only knows what that is like. But you expect people to believe money is not your main motive. Well it would be funny if it was not so tragic. If I were your dad, I would sell my house, pay for the best care available and tell you to bog off.

Sometimes the elderly feel obliged to leave something behind. Have you ever thought of saying dad I don't care about the inheritance I just want you to be as comfortable as possible in your final years.

Oh and to your question, no dad cannot just hand over all his money to you so he doesn't have to pay for care. If it were as simple as that don't you think everybody would do it. You might feel that you are out of reach of UK authorities but what about poor old dad in the UK, don't you think that he could do without this stress at his time of life.
Bermudashorts is offline  
Old Sep 18th 2010, 9:33 am
  #26  
Home and Happy
 
Pollyana's Avatar
 
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,787
Pollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond reputePollyana has a reputation beyond repute
Default Re: A question for any UK lawyers

Originally Posted by Marissa
Yes it is my dad that has instigated this, although I know there will be alot of people on this site that wont believe this. I know what this site is like with certain people and their hurtful comments, but, I also know that there are a lot of really nice people that try to help and that far out weighs the small minded attitude of some. Thanks for your support.
My dad actually mentioned something similar to my sister and I once, saying that if there was any way of ensuring any inheritance (which wasn't a lot) went to us rather than got whittled away on nursing homes etc, then we should do it, so I can understand where you're coming from. He used to say he'd worked for the money for us, not for the State to get back
Pollyana is offline  
Old Sep 18th 2010, 11:06 pm
  #27  
BE Forum Addict
 
NedKelly's Avatar
 
Joined: Nov 2004
Posts: 2,584
NedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond repute
Default Re: A question for any UK lawyers

Originally Posted by Dorothy
Instead of worrying about how much money you'll get from his house how about paying for his care with the proceeds of its sale in a private home?
I agree, this is what we did with our mother. She went into a lovely private home and she got on well with the other "inmates". We looked at some state ones but they were dreadful. After a few years she was on the verge of running out of funds when she sadly passed away but eventually the council would have paid the fees and she would have been able to stay in the same home.

If you really want a free care home you have to move to scotland where the state pays the fees regardless. Something good old Gordon Brown did for scotland that england pays for.
NedKelly is offline  
Old Sep 19th 2010, 12:10 am
  #28  
has lost The Game
 
Swerv-o's Avatar
 
Joined: Apr 2005
Location: Chippendale, Sydney
Posts: 8,735
Swerv-o has a reputation beyond reputeSwerv-o has a reputation beyond reputeSwerv-o has a reputation beyond reputeSwerv-o has a reputation beyond reputeSwerv-o has a reputation beyond reputeSwerv-o has a reputation beyond reputeSwerv-o has a reputation beyond reputeSwerv-o has a reputation beyond reputeSwerv-o has a reputation beyond reputeSwerv-o has a reputation beyond reputeSwerv-o has a reputation beyond repute
Default Re: A question for any UK lawyers

Originally Posted by Pollyana
My dad actually mentioned something similar to my sister and I once, saying that if there was any way of ensuring any inheritance (which wasn't a lot) went to us rather than got whittled away on nursing homes etc, then we should do it, so I can understand where you're coming from. He used to say he'd worked for the money for us, not for the State to get back

Yes, my mother is the same. The thought of the state coming and taking money she doesn't feel they deserve drives her up the wall.


S
Swerv-o is offline  
Old Sep 19th 2010, 1:10 am
  #29  
Proudly Deplorable
 
Amazulu's Avatar
 
Joined: May 2003
Location: Alloha snack bar
Posts: 24,246
Amazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond reputeAmazulu has a reputation beyond repute
Default Re: A question for any UK lawyers

Originally Posted by NedKelly
If you really want a free care home you have to move to scotland where the state pays the fees regardless.
Let's see how long that lasts given the state of finances over there.
Amazulu is offline  
Old Sep 19th 2010, 1:21 am
  #30  
BE Forum Addict
 
NedKelly's Avatar
 
Joined: Nov 2004
Posts: 2,584
NedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond reputeNedKelly has a reputation beyond repute
Default Re: A question for any UK lawyers

Originally Posted by Amazulu
Let's see how long that lasts given the state of finances over there.
Look Amazulu, you have been told once before not to try and turn this thread into a slanging match.
NedKelly is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.