Kiteleys Solicitors

Kiteleys Solicitors. 7 St. Stephen's Court, 15-17 St. Stephen's Road, Bournemouth, Dorset. BH2 6LA. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.

Keeping Your Home

  • Call us now on 01425 278866
    • Kiteleys Canford Cliffs 01202 708634
    • Kiteleys Highcliffe 01425 278866
    • Kiteleys Southampton 02380 909091
    • Kiteleys Wimborne 01202 849242
    • Kiteleys Ferndown 01202 875646
    • Kiteleys West Moors 01202 863933
    • Kiteleys Boscombe 01202 393506

At Kiteleys we are regularly asked questions concerning care home fees and how they operate with regards to family and inheritance.

If you live in England and have more than £23,000 in ‘capital’ you will be assessed as being able to meet the full cost of your care.

If you move into a care home permanently, the Local Council may count your home as ‘capital’ from 12 weeks after you arrive there. However, your home won’t be counted as ‘capital’ if certain close relatives (including your husband, wife or civil partner) still live there. It is also worth remembering that your Local Council may choose not to count your home as ‘capital’ if your carer lives there.

What can you do to keep your home?

Many couples own their property as ‘Joint Tenants’ so it passes automatically on the first death to the survivor – regardless of the provisions of a Will. The main consequence of this is that if the survivor subsequently needs to enter a nursing home and is assessed as being ‘self-funding’ then the full value of the property (subject to any allowances) would be taken into account.

It is possible to make significant savings by ‘severing’ the Joint Tenancy and executing a ‘Property Protection’ Will. This is a simple procedure following which each party owns a 50% share of the property. This share can then be ‘gifted’ by Will, for example to children, to avoid the survivor owning the whole of the property. The survivor would however be given an interest in the property which means they could live in the house for the rest of their life if they wished.

How this works in practice

Mr and Mrs Smith own their house as ‘Joint Tenants’ and it has a value of £200,000. Mr Smith passes away so the property passes automatically to Mrs Smith. Shortly after her husband’s death Mrs Smith enters a care home and is assessed as ‘self-funding’. After 12 weeks the value of her house is taken into account giving Mrs Smith £200,000 in ‘capital’. As a result Mrs Smith is required to pay for her care home fees (on average this could be £540 per week) until only £23,000 remains. From that point she is required to pay a contribution towards the fees until only £14,000 remains after which time her fees are met by the Local Council. Upon her death Mrs Smith’s children inherit £14,000.

Mr and Mrs Jones also own a house with a value of £200,000. On the advice of their solicitor they ‘sever’ the joint tenancy and so hold the property as ‘Tenants in Common’. When Mr Jones passes away, Mrs Jones can continue to live in the house for as long as she wishes. However, after a while she enters a care home on a ‘self-funding’ basis and has ‘capital’ from the house of £100,000. The house is sold and under her husband’s Will his half share is divided equally between their children. Like Mrs Smith, Mrs Jones pays full fees until £23,000 remains and then a contribution until only £14,000 remains. The Local Council then pay the fees. Upon her death Mrs Jones’s children inherit £14,000 in addition to the £100,000 they received when the house was sold.

If you have any questions about making a Will, long term care and your assets, then our Private Client team here at Kiteleys will be happy to speak to you.

  • Jennifer Attrill

    Jennifer Attrill
    Solicitor

  • Christine Jones

    Christine Jones
    Chartered Legal Executive

  • Andrea Rohr

    Andrea Rohr
    Consultant Solicitor

  • Roger Turner

    Roger Turner
    Consultant Solicitor

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Talk to one of our solicitors

At Kiteleys we are always happy to help. We believe that the law should be easily accessible, so if you have any questions for our Private Client solicitors please don’t hesitate to get in touch.
Call us on 01425 278866 or enquire online.

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Kiteleys Solicitors. 40 Haven Road, Canford Cliffs, Poole, Dorset. BH13 7LP. Telephone 01425 278866.
Kiteleys Solicitors is the trading style of Kiteleys Solicitors Limited registered in England and Wales, registered number 03113721. VAT Registration No: 658 8813 79.
This firm is authorised and regulated by the Solicitors Regulation Authority. A list of directors is available for inspection at our registered office.