If you need to go into a care home, the local authority will financially assess you to see if you need to pay for your own fees. An effective way to protect your home from being included in the financial assessment is via life interest trusts (LITs). You can do LITs in your Wills if you own a property in joint names with someone (e.g., your spouse) as tenants in common. The effect of the LIT is that when the first of you dies, the survivor can continue living in the property for life but if they go into a care home, only their half of the property is included in their financial assessment. This is because the deceased’s half of the property is left to the ultimate beneficiaries in the LIT (e.g., your children). Therefore, at least half of the property value is ringfenced for the ultimate beneficiaries.

Sometimes. If there’s family tension, complex assets or no suitable executor, a professional appointment can still help.

Care fees:
If you transfer your home into someone else’s name and the sole intention is to avoid the payment of care home fees, the council will deem the transfer to be a “deliberate deprivation of assets”. If the local authority believes a transfer has occurred for this reason, it can place a charge against the property so that care fees are repaid when the property is sold. There is no time limit on this after which it is OK to transfer a property – the local authority can go back as far as they like.

Tax implications:
A transfer of property, in which you are living, to your children can be regarded by HMRC as a “gift with reservation of benefit”. This means that even after seven years have elapsed, it can be treated as part of your estate for inheritance tax purposes. Some people think that they can avoid this if they pay a nominal rent to their children. However, the rules are extremely strict and it is necessary to ensure that the rent paid it a full market rent and that there are regular rent reviews. This is not a comprehensive list of the rules which would apply.

Other consequences:
There can be other unforeseen consequences. For instance, should your child subsequently get into financial difficulty and be made bankrupt, this could result in the trustee in bankruptcy calling for your home to be sold. In addition, if your home is transferred into a child’s name and then that child divorces, their share of the home may form part of their divorce settlement.

Yes, if there’s evidence of pressure, fraud, or misunderstanding. Working with an experienced solicitor ensures the process is fair, transparent, and legally compliant.

A deed of variation (DOV) can be used to vary a Will or the intestacy rules after someone dies, within two years of the date of death. DOVs are often used to change the beneficiaries of an estate or the gifts themselves. A DOV cannot help someone to avoid paying care fees as such, and the effect on inheritance tax (IHT) must also be considered.

Yes, sometimes. This usually requires agreement between the life tenant and the beneficiaries. Ending a trust early can have tax consequences, so always seek legal advice first.

Yes. If you don’t have someone you trust to manage your finances, a solicitor can act as your professional attorney.

Yes. Many people appoint a solicitor as a professional trustee to manage funds safely, handle tax requirements and support long-term planning.

Yes. It is perfectly normal and perfectly legal to name the same person or people as both an executor and a beneficiary in your will.

Yes. It’s perfectly normal and legal for someone to be both an executor and a beneficiary in your Will.

Yes, as long as you still have mental capacity, you can revoke or update your LPA at any time. Our Leeds solicitors can help you make changes or create a new version that reflects your current wishes.

Yes. But you’ll need to value assets, calculate inheritance tax, complete forms, and settle debts correctly. Many executors prefer a solicitor’s help to reduce risk.

Yes. Many people choose joint executors, so family stays involved while a solicitor handles the legal work.

You can speak to a funeral director, but the death must be registered before the funeral takes place.

Yes, with proper planning. Using your full allowances, making tax-free gifts, leaving money to charity, and using business or property reliefs can help reduce or even avoid IHT altogether. Speak to a solicitor to plan effectively.

Yes, if the first part of the couple has passed away, the surviving spouse can move to another property of their choice. If there are any access funds left over, there is then a choice as to what happens with these funds. These monies can either be paid out. These monies would be split as follows - half to the survivor out of the couple and the other half to the ultimate beneficiaries. The ultimate beneficiaries would be those named in the Will who are to receive the half of the property belonging to the part of the couple who has passed away first. A common example would be children. The other option is that the monies are invested into a Trust account. The latter is a better option for inheritance tax purposes.

Yes, you can appoint multiple attorneys. You can also specify if you want them to make decisions jointly or if they can act independently.

Absolutely. Our Leeds solicitors help clients across West Yorkshire and beyond. You can visit our office, book a video appointment, or complete most of the process online.

You can complete parts of the process online, but the final registration must still go through the OPG. Many people prefer to use a solicitor to avoid mistakes and speed up approval.

Yes, in many cases. If there are serious issues, the court can remove or replace an executor or trustee. Professional help is often needed.

No, an LPA must be set up by the individual while they still have the mental capacity to understand the implications of their decision.

Yes. While you have mental capacity, you stay in full control of all your decisions. Your attorneys can only act when you want them to, or if you lose capacity in the future.

No. Unless you own property together as joint tenants, unmarried partners don’t automatically inherit without a will. Writing a Will is the only way to protect them.

Where an adult needs to go into a care home, any property they own will be considered by the local authority in their financial assessment to see if they have to pay for their own care fees, unless it is deemed part of the mandatory disregards. Subject to certain conditions, from April 2015 a property must be disregarded from the financial assessment if the person’s child is living there and is: aged over 60; aged under 18; or incapacitated. Therefore, it is as if the person going into care does not own the property so it is not counted in their financial assessment and the child can continue to live there.