FEARS that estates are passing into the hands of care home operators has prompted a Tees Valley law firm to remind people how to avoid losing their life savings.
Elderly couples and their families are finding that a basic will is unlikely to prevent one partner’s life savings being handed over to pay care home fees.
The problem arises where, for example, a wife lives in the family home, while her husband is in private care. Unless preventative steps have been taken, in the event of the wife’s death and the house being sold, her share of the money will pass to the care home to pay her husband’s fees.
“It seems very unfair,” said Carolyn Tilly, partner at TBI Solicitors, whose firm has a specialist team handling issues relating to elderly people.
“The elderly can be vulnerable, but there are steps that you can take. By preparing what we call a Severance Will, the person living in their own home can leave their half to their family.
“It is very important to take specialist advice. For example, it is normal that the couple will own their property as joint tenants. You need to sever the joint tenancy or the money could go to pay care home fees.
“Making out a basic will that leaves everything to your children will not be sufficient, because if you are a join tenant, that will prevail over the will.
“A little bit of time and money invested now can avoid a lot of potential cost, inconvenience and heartache in the future.”
The firm’s expertise in matters relating to elderly people has been bolstered as Andrea Bradford, a legal executive in its probate department, has qualified as a full member of the National Association of Solicitors for the Elderly .
She is a fellow of the Institute of Legal Executives with 18 years’ experience in wills and probate, and has worked with TBI Solicitors since 2003.
She has extensive experience in providing a wide range of legal services for older people, and works closely with a team of experienced and qualified colleagues at TBI.
Ms Tilly said: “This is a vitally important specialism and we are delighted that Andrea has completed the qualifications and can now help us expand this area of work.
“We hear often about our ageing population here in the UK and the challenges they face.
“Legal requirements may change, and it is vital to have easy access to proven expertise.
The elderly and their families or carers need to be confident that their wishes are being understood and communicated and that they are appropriately protected.”
TBI Solicitors runs free advice sessions each Thursday, between 9am and 7pm, at York Chambers, York Road, Hartlepool. For details, call 01429-26410.
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