A question for any UK lawyers
#1
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Joined: Dec 2007
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A question for any UK lawyers
My father has recently gone into an state run "Old folks home" and now has to sell his home for to pay for his care. What I have been trying to find out is, if he gave me all of his money (proceeds from the sale of the house) and I brought that money to Australia, what is the worst that could happen to me or my dad. I am just hitting my head against a brick wall in England as no-one can give me any answers.
I would appreciate comments from people who understand this matter in LAW and not just speculation of what could or might happen.
I am aware that the law is about to change next year, but, this will probably be too late for my dad and the government will take most of his money off him.
BTW, my mother is no longer with us.
Thanks
I would appreciate comments from people who understand this matter in LAW and not just speculation of what could or might happen.
I am aware that the law is about to change next year, but, this will probably be too late for my dad and the government will take most of his money off him.
BTW, my mother is no longer with us.
Thanks
#2
Re: A question for any UK lawyers
My father has recently gone into an state run "Old folks home" and now has to sell his home for to pay for his care. What I have been trying to find out is, if he gave me all of his money (proceeds from the sale of the house) and I brought that money to Australia, what is the worst that could happen to me or my dad. I am just hitting my head against a brick wall in England as no-one can give me any answers.
I would appreciate comments from people who understand this matter in LAW and not just speculation of what could or might happen.
I am aware that the law is about to change next year, but, this will probably be too late for my dad and the government will take most of his money off him.
BTW, my mother is no longer with us.
Thanks
I would appreciate comments from people who understand this matter in LAW and not just speculation of what could or might happen.
I am aware that the law is about to change next year, but, this will probably be too late for my dad and the government will take most of his money off him.
BTW, my mother is no longer with us.
Thanks
#3
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Joined: Dec 2007
Location: Vic Au
Posts: 25
Re: A question for any UK lawyers
I wasn't after free legal advice! I have all ready been to a solicitor and she refused to comment. Was just wondering if anyone had been in a similar situation and on the off chance a lawyer on this site may want to give any comment.
#4
Re: A question for any UK lawyers
This may be of interest to you
http://www.ageuk.org.uk/home-and-car...ome-provision/
The basic issue is that they could assess your father as still having the asset and seek to recover the costs from you. How successful they would be is a different issue - there are a few threads on debt recovery elsewhere.
The council are still required to provide care for your father - the level of that care would be to meet basic needs.
I am not a lawyer and do not have direct experience of the issue - but have some understanding of how local authorities work.
Scotty
http://www.ageuk.org.uk/home-and-car...ome-provision/
The basic issue is that they could assess your father as still having the asset and seek to recover the costs from you. How successful they would be is a different issue - there are a few threads on debt recovery elsewhere.
The council are still required to provide care for your father - the level of that care would be to meet basic needs.
I am not a lawyer and do not have direct experience of the issue - but have some understanding of how local authorities work.
Scotty
#5
Re: A question for any UK lawyers
They can check your dads accounts and go back over a certain period of time to see if "gifts" have been made and to whom. A local authority has the right to seize assets that have been deliberately disposed of to avoid paying fees.
If monies have been transfered to Australia the government authority has the right to sue in a UK court and then register the judgment in Australia and chase the debt through state or territory court under the Foreign Judgements Act 1991.
or they could sell debt to a UK collection agency who will then employ an Australian agency to act for them which if done through the correct channels is enforceable.
Its all about wether or not you want something like that hanging over you for a very long time ?? If you fell off the face of the planet you would have to hide for I think 6 years which means no credit whatsoever, no applying for mortgage etc.
What if you wanted to return to the UK to visit your dad or move back one day ?? it could all catch up with you in the end.
You could try another avenue which is the reason your dad has to go into the care home in the first place. There are certain illnesses and care that is covered on the NHS and is not funded by the local authority. Check to see which he qualifies under. If he is under NHS care then they cannot bill you. Also when your mom passed did her share just pass automatically to your dad or did she leave her share to you either in name or trust ?? If this was done they cannot touch the house.
I am not a lawyer but put it like this, if your solicitor didnt comment then take that as a forget it. They can be struck off for that sort of 'naughty' advice.
If monies have been transfered to Australia the government authority has the right to sue in a UK court and then register the judgment in Australia and chase the debt through state or territory court under the Foreign Judgements Act 1991.
or they could sell debt to a UK collection agency who will then employ an Australian agency to act for them which if done through the correct channels is enforceable.
Its all about wether or not you want something like that hanging over you for a very long time ?? If you fell off the face of the planet you would have to hide for I think 6 years which means no credit whatsoever, no applying for mortgage etc.
What if you wanted to return to the UK to visit your dad or move back one day ?? it could all catch up with you in the end.
You could try another avenue which is the reason your dad has to go into the care home in the first place. There are certain illnesses and care that is covered on the NHS and is not funded by the local authority. Check to see which he qualifies under. If he is under NHS care then they cannot bill you. Also when your mom passed did her share just pass automatically to your dad or did she leave her share to you either in name or trust ?? If this was done they cannot touch the house.
I am not a lawyer but put it like this, if your solicitor didnt comment then take that as a forget it. They can be struck off for that sort of 'naughty' advice.
#6
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Joined: Feb 2008
Location: Mandurah
Posts: 2,269
Re: A question for any UK lawyers
My father has recently gone into an state run "Old folks home" and now has to sell his home for to pay for his care. What I have been trying to find out is, if he gave me all of his money (proceeds from the sale of the house) and I brought that money to Australia, what is the worst that could happen to me or my dad. I am just hitting my head against a brick wall in England as no-one can give me any answers.
I would appreciate comments from people who understand this matter in LAW and not just speculation of what could or might happen.
I am aware that the law is about to change next year, but, this will probably be too late for my dad and the government will take most of his money off him.
BTW, my mother is no longer with us.
Thanks
I would appreciate comments from people who understand this matter in LAW and not just speculation of what could or might happen.
I am aware that the law is about to change next year, but, this will probably be too late for my dad and the government will take most of his money off him.
BTW, my mother is no longer with us.
Thanks
#7
And YOU'RE paying for it!
Joined: May 2007
Location: kipper tie?
Posts: 2,328
Re: A question for any UK lawyers
You need to speak to an English lawyer who actually has experience in this area. If your previous lawyer just "refused to comment" and didn't refer you to an experienced lawyer, they didn't do the right thing by you. They may have imagined you were intending to do something naughty and didn't want to get involved with it - but they should have advised you of the legal consequences of your proposed actions, whether they were positive or negative.
#8
Re: A question for any UK lawyers
It is actually a good question and one for those of you here with elderly parents to consider.
You should get your parents to "sell" the house to you for $1 NOW, you then rent it back to them for a peppercorn rent of $1 per year.... after 2 years it is untouchable in the case above
You should get your parents to "sell" the house to you for $1 NOW, you then rent it back to them for a peppercorn rent of $1 per year.... after 2 years it is untouchable in the case above
#9
And YOU'RE paying for it!
Joined: May 2007
Location: kipper tie?
Posts: 2,328
Re: A question for any UK lawyers
Can you substantiate any of that e.g. by reference to reliable online resources, case law, Inland Revenue advisories...?
#10
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Joined: Dec 2007
Location: Vic Au
Posts: 25
Re: A question for any UK lawyers
This may be of interest to you
http://www.ageuk.org.uk/home-and-car...ome-provision/
The basic issue is that they could assess your father as still having the asset and seek to recover the costs from you. How successful they would be is a different issue - there are a few threads on debt recovery elsewhere.
The council are still required to provide care for your father - the level of that care would be to meet basic needs.
I am not a lawyer and do not have direct experience of the issue - but have some understanding of how local authorities work.
Scotty
http://www.ageuk.org.uk/home-and-car...ome-provision/
The basic issue is that they could assess your father as still having the asset and seek to recover the costs from you. How successful they would be is a different issue - there are a few threads on debt recovery elsewhere.
The council are still required to provide care for your father - the level of that care would be to meet basic needs.
I am not a lawyer and do not have direct experience of the issue - but have some understanding of how local authorities work.
Scotty
Marissa
#11
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Joined: Dec 2007
Location: Vic Au
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Re: A question for any UK lawyers
[QUOTE=sel;8854788
You could try another avenue which is the reason your dad has to go into the care home in the first place. There are certain illnesses and care that is covered on the NHS and is not funded by the local authority. Check to see which he qualifies under. If he is under NHS care then they cannot bill you. Also when your mom passed did her share just pass automatically to your dad or did she leave her share to you either in name or trust ?? If this was done they cannot touch the house.[/QUOTE]
I will check this out, Thank you.
Marissa
You could try another avenue which is the reason your dad has to go into the care home in the first place. There are certain illnesses and care that is covered on the NHS and is not funded by the local authority. Check to see which he qualifies under. If he is under NHS care then they cannot bill you. Also when your mom passed did her share just pass automatically to your dad or did she leave her share to you either in name or trust ?? If this was done they cannot touch the house.[/QUOTE]
I will check this out, Thank you.
Marissa
#12
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Joined: Dec 2007
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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.
#13
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Joined: Dec 2007
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Re: A question for any UK lawyers
You need to speak to an English lawyer who actually has experience in this area. If your previous lawyer just "refused to comment" and didn't refer you to an experienced lawyer, they didn't do the right thing by you. They may have imagined you were intending to do something naughty and didn't want to get involved with it - but they should have advised you of the legal consequences of your proposed actions, whether they were positive or negative.
#14
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Joined: Dec 2007
Location: Vic Au
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Re: A question for any UK lawyers
It is actually a good question and one for those of you here with elderly parents to consider.
You should get your parents to "sell" the house to you for $1 NOW, you then rent it back to them for a peppercorn rent of $1 per year.... after 2 years it is untouchable in the case above
You should get your parents to "sell" the house to you for $1 NOW, you then rent it back to them for a peppercorn rent of $1 per year.... after 2 years it is untouchable in the case above
I also read the the government are supposed to bringing in a new law, which is a one off payment of £8000 then the rest of their care would be free, but don't know how true this is or even if it will be passed.
#15
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.