Cullen Kilshaw Solicitors & Estate Agents
Town Centre Offices in 7 Borders Towns
Galashiels . Hawick . Jedburgh . Kelso
Melrose . Peebles . Selkirk  

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Protect Your Family's Inheritance

Protect Your Family's Inheritance

Our free initial meeting covers will preparation and your children’s inheritance, the way in which title to your property is held and the benefit of putting into place Powers of Attorney.   To make an appointment, please complete our form -
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Part 4: Comments from David Kilshaw

Paying for the Cost of Residential Care - Protecting the Children's Inheritance

I am now being consulted virtually every week by concerned clients who are interested in discussing what if anything can be done to ensure so far as possible that they are able to pass on to their children the family home.

In many cases, these same clients have either experienced directly or have heard from friends and relatives of cases where the family home has had to be sold and the entire proceeds used up to pay for the costs of an elderly relative who has ended up having to go into residential or nursing home care.

The whole question of the cost of care in a residential/nursing home is a political hot potato, and none of the main political parties has come forward with a solution that is fair to all concerned. As in other areas of taxation, it is quite clear that the bulk of the costs for care home fees is falling upon those families who have made great efforts to invest for the future of their children, partly by buying their own home and paying off the mortgage over many years. There is something inherently wrong about those families who have followed central government guidance by trying to make adequate provision for their retirement and old age having to sell their homes in order to pay for the cost of their care in a nursing home when there are others having exactly the same standard of care provided by the state. (See this Scotsman article by David Bell, "Defusing a care timebomb").

While local authorities have moved to ensure so far as possible that the assets of elderly people are kept available by them in order to meet the cost of any care provided, there are steps that can be taken now to protect the family home as an asset to be passed down to the next generation. Having reviewed the terms of the wills made by the vast bulk of our married/partnered clients, it is clear to me that some fairly simple steps taken now can greatly improve the prospects of protecting the inheritance of both children and grandchildren.

If you would like to know more, please request a free initial meeting and one of our family law team will be in touch to arrange a suitable appointment.