A question for any UK lawyers
#16
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Re: A question for any UK lawyers
And that goes to anyone who wants to add similar comments, I will just ignore from now on
Thankyou
#17
Re: A question for any UK lawyers
To ignore is ignorant.
#18
Re: A question for any UK lawyers
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?
#19
And YOU'RE paying for it!
Joined: May 2007
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Re: A question for any UK lawyers
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.
#20
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Re: A question for any UK lawyers
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.
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.
#21
Re: A question for any UK lawyers
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?
#22
Re: A question for any UK lawyers
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.
#23
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Re: A question for any UK lawyers
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.
#24
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Joined: Aug 2010
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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
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
#25
Re: A question for any UK lawyers
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.
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.
#26
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Re: A question for any UK lawyers
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.
#27
Re: A question for any UK lawyers
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.
#28
Re: A question for any UK lawyers
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