Concerned about yourhome being sold tofund your futurecare fees?of preventing your home being used to fund your care in the future there must beothergood reasons as highlighted above.You probably own your home as joint tenants if you are a couple and solely ifyou are single. For couples this means you own it wholly, jointly and severallyUltimately therefore you do not own it 50:50 as You When vou oactually own all of it together and when one partner dies the surviving partner Onceowns it solely and absolutelyThe Reasoningyou might have assumed. YouWhen you own your home as Tenants in Common you actually own half eachhalf of your property into Trust it is 100% protectedagainst attack from, divorce, bankruptcy (after 5 years), care fees and there-marriage of your partner after your death causing the sideways disinheritance ofyour children and ultimately your property woulkd not need to go through probate,saving £1000s in probate fees. Through the way that assets are appointed out of theTrust, your beneficiaries would also be protected after your deaths against losinghalf of their inheritance through divorce, dying and a spouse inheriting ratherthan a blood relative, bankruptey, their own care fees and ultimately generationalyou transfer yourIt is sole and absolute ownership that enables a whole property to be taken intoconsideration as an asset by the local authority and puts the property in danger ofneeding to be sold to fund care.The Reality TodayThe care Act 2014 introduced in April 2015 allows local authorities to assess yourassets to determine if you need to pay for your own care under the new charges andnheritance taxYour surviving partner would usually be one of the Trustees of your Trust alongup to 3 children and would have a life interest in your half so they could nothomeless and would be secure until their death without absolutely owningything themselves which means that they would have a say in what happens toCurrently if you have assets above £23,250, you are on your own and require careyou will probably have to pay for it all currently averaging around £1,000 per bemade boweck.Savings, cash and income would be used first and then your property would eed the property and could downsize if they wished but could not lose the property ortaken into consideration. You would be expected to pay for all of your care have it taken away from them or have a charge put on their half as would beI such time as your assets were depleted to below the £23,250 threshold.case if they had simply severed the tenancy and put 2 Trusts within their Wills forYou would then pay for a proportion of your care until your assets were below example. The chilkdren and/ or whoever else is also nominated as ultimate TrustE14.250hich point all your future care would be paid for after any relevant beneficiaries would then be able to inherit both halves of the property when thesurviving partner dies (as opposed to just one half with a Will based Trust wherethe survivor has gone into eare and a charge has been put on the survivor's halfof the property). The supreme benefits of this strategy as opposed to just havingFor couples, simply by changing the way you own your property well in advance Property Trusts in your Will though are that it not only completely protects bothhalves of the property if both parties go into care before the death of either (aup two property Trusts immediately for both halves of the property to be conveyed Will based Property Trust won't protect either half if both parties go into careinto will protect the integrity of your home should you ever require care in the before either party dies)) or care has to be brought into the home and dementia taxfuture, so long as avoiding care fees was not the primary motivating reason behind style proposals are implemented in the future (which again would not be protectedthe implementation of the strategy-i.c. you should also be looking to protect your against at all with a Will based Property Trust) but also once the property has beenhalf of your property should your spouse remarry after your death, or you should disregarded for care the property can then be sold at any time and the resultingbe looking to ensure that your children would not lose 50% of their inheritance proceeds be fully protected for the whole family within the Trusts with no furtherincome was taken into accountThe Solutionany care considerations i.e, from joint tenants to tenants in common and settinghgotiation with the Local Authority required.would be of best benefit to you and your familyshould they be made bankrupt or divorce after your death forexample or youto prevent a generational inheritance tax burden in the future. Cll usnow on 01903 649021 for a friendly chat about which of our new packagesThese are all sound reasons for implementing this strategy which in themselveswould not be deliberate deprivation of assets, but the implementation of whichRemember if you have reason to believe that you may go into care soon or if yoersole reason for implemenling this package is simply to avoid paying Joreseeable carefees and you are not implementing it for any other reasons such as protecting yourFor sole owners the process is simply to set up a Trust now and convey your amily against divorce, bankruptcy, marriage after death or generational inheritancea distinct side benefit of protecting the integrity of the property should care berequired in the future.property into it which will produce the same result but again this must be well inadvance of any care considerations and not be for the sole and overrising purxthen you could be accused of deliberate deprivation of assets.46 Goring Road, Worthing, West Sussex BN12 4ADwww.thywill.co.ukWhere there's a Will there's a Way3be doneThy Will Be Done is a trading style of Thy Will Be Done (Spain) LtdRegistered in ihe UK at 36a Goring Road, Worthing. West Sussex BN 12 4AD Companies House number 10791190

Date: 15 May 2018

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Concerned about your home being sold to fund your future care fees? of preventing your home being used to fund your care in the future there must be other good reasons as highlighted above. You probably own your home as joint tenants if you are a couple and solely if you are single. For couples this means you own it wholly, jointly and severally Ultimately therefore you do not own it 50:50 as You When vou o actually own all of it together and when one partner dies the surviving partner Once owns it solely and absolutely The Reasoning you might have assumed. YouWhen you own your home as Tenants in Common you actually own half each half of your property into Trust it is 100% protected against attack from, divorce, bankruptcy (after 5 years), care fees and the re-marriage of your partner after your death causing the sideways disinheritance of your children and ultimately your property woulkd not need to go through probate, saving £1000s in probate fees. Through the way that assets are appointed out of the Trust, your beneficiaries would also be protected after your deaths against losing half of their inheritance through divorce, dying and a spouse inheriting rather than a blood relative, bankruptey, their own care fees and ultimately generational you transfer your It is sole and absolute ownership that enables a whole property to be taken into consideration as an asset by the local authority and puts the property in danger of needing to be sold to fund care. The Reality Today The care Act 2014 introduced in April 2015 allows local authorities to assess your assets to determine if you need to pay for your own care under the new charges and nheritance tax Your surviving partner would usually be one of the Trustees of your Trust along up to 3 children and would have a life interest in your half so they could not homeless and would be secure until their death without absolutely owning ything themselves which means that they would have a say in what happens to Currently if you have assets above £23,250, you are on your own and require care you will probably have to pay for it all currently averaging around £1,000 per bemade bo weck. Savings, cash and income would be used first and then your property would eed the property and could downsize if they wished but could not lose the property or taken into consideration. You would be expected to pay for all of your care have it taken away from them or have a charge put on their half as would be I such time as your assets were depleted to below the £23,250 threshold. case if they had simply severed the tenancy and put 2 Trusts within their Wills for You would then pay for a proportion of your care until your assets were below example. The chilkdren and/ or whoever else is also nominated as ultimate Trust E14.250hich point all your future care would be paid for after any relevant beneficiaries would then be able to inherit both halves of the property when the surviving partner dies (as opposed to just one half with a Will based Trust where the survivor has gone into eare and a charge has been put on the survivor's half of the property). The supreme benefits of this strategy as opposed to just having For couples, simply by changing the way you own your property well in advance Property Trusts in your Will though are that it not only completely protects both halves of the property if both parties go into care before the death of either (a up two property Trusts immediately for both halves of the property to be conveyed Will based Property Trust won't protect either half if both parties go into care into will protect the integrity of your home should you ever require care in the before either party dies)) or care has to be brought into the home and dementia tax future, so long as avoiding care fees was not the primary motivating reason behind style proposals are implemented in the future (which again would not be protected the implementation of the strategy-i.c. you should also be looking to protect your against at all with a Will based Property Trust) but also once the property has been half of your property should your spouse remarry after your death, or you should disregarded for care the property can then be sold at any time and the resulting be looking to ensure that your children would not lose 50% of their inheritance proceeds be fully protected for the whole family within the Trusts with no further income was taken into account The Solution any care considerations i.e, from joint tenants to tenants in common and setting h gotiation with the Local Authority required. would be of best benefit to you and your family should they be made bankrupt or divorce after your death for example or you to prevent a generational inheritance tax burden in the future. Cll usnow on 01903 649021 for a friendly chat about which of our new packa ges These are all sound reasons for implementing this strategy which in themselves would not be deliberate deprivation of assets, but the implementation of which Remember if you have reason to believe that you may go into care soon or if yoer sole reason for implemenling this package is simply to avoid paying Joreseeable care fees and you are not implementing it for any other reasons such as protecting your For sole owners the process is simply to set up a Trust now and convey your amily against divorce, bankruptcy, marriage after death or generational inheritance a distinct side benefit of protecting the integrity of the property should care be required in the future. property into it which will produce the same result but again this must be well in advance of any care considerations and not be for the sole and overrising pur xthen you could be accused of deliberate deprivation of assets. 46 Goring Road, Worthing, West Sussex BN12 4AD www.thywill.co.uk Where there's a Will there's a Way 3 be done Thy Will Be Done is a trading style of Thy Will Be Done (Spain) Ltd Registered in ihe UK at 36a Goring Road, Worthing. West Sussex BN 12 4AD Companies House number 10791190

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