A question about Scottish inheritance law
Discussion
Anyone know about this stuff?
My mother wants to sign her house over to my sister and I so that the government can't take it if she needs to go into care in later life.
A solicitor we have spoken to is suggesting that even if she signs it over, the local authorities can still treat it as her asset and use it to fund her care. Failing that, they can decide that her care will be limited if she doesn't have the money to cover it.
I was under the impression that her life long national insurance contributions would cover her healthcare requirements if she had no assets.
Can anyone clarify this? There must be a way to protect my inheritance! The house is the only asset and is worth just under £300k.
My mother wants to sign her house over to my sister and I so that the government can't take it if she needs to go into care in later life.
A solicitor we have spoken to is suggesting that even if she signs it over, the local authorities can still treat it as her asset and use it to fund her care. Failing that, they can decide that her care will be limited if she doesn't have the money to cover it.
I was under the impression that her life long national insurance contributions would cover her healthcare requirements if she had no assets.
Can anyone clarify this? There must be a way to protect my inheritance! The house is the only asset and is worth just under £300k.
Orchid1 said:
I thought they could still seize it as an asset if she passed away with in seven years of it being signed over or something. I don't mean to start a political argument or sound ignorant but with the SNP in charge i'd be careful and seek proper advice as they (the SNP) don't like people having any kind of wealth it seems.
I understood there was a seven year period that mattered too, but the solicitor is suggesting that is now not true and the local authority can go back as far as they want..not sure what happens if my mum leaves me the house and I sell it seven years later..would I then have to pay for her care out of my pocket...The house is also my main residence so they can't kick me out, but they can still take the value out of it so they get it all if I ever wanted to sell it.
Wow..I gave taken a look at that document and it seems we will be losing the house no matter what we do..
I am amazed at how comprehensive their ability to screw you over is, and even though it is my home it seems as though I can be booted out as I am not over 60, under 16, or incapacitated.
If she even pays off debts or has an expensive holiday before going into care, they can take the attitude she only did that to deprive the government of her money!!
Now I see why property ownership is encouraged..
I am amazed at how comprehensive their ability to screw you over is, and even though it is my home it seems as though I can be booted out as I am not over 60, under 16, or incapacitated.
If she even pays off debts or has an expensive holiday before going into care, they can take the attitude she only did that to deprive the government of her money!!
Now I see why property ownership is encouraged..
I expected responses like this 
I wasn't expecting to be labelled as a benefit thief though..
Neither my mother or I have spent any time claiming benefits, she has always been employed and I have always been employed or self employed. We are both contributors and tax payers!
Didn't think there was anything wrong with trying to keep stuff we have bought, if she had lived in a council house all her life and spunked her money on booze and holidays this would not even be an issue..
I agree about looking after her myself, and I will do that for as long as I can. She would rather take a one way holiday to a Swiss clinic than go into care , but she is not allowed to do that either. I can only think of one reason why that would be against the rules and it is not for her benefit.
I wasn't expecting to be labelled as a benefit thief though..
Neither my mother or I have spent any time claiming benefits, she has always been employed and I have always been employed or self employed. We are both contributors and tax payers!
Didn't think there was anything wrong with trying to keep stuff we have bought, if she had lived in a council house all her life and spunked her money on booze and holidays this would not even be an issue..
I agree about looking after her myself, and I will do that for as long as I can. She would rather take a one way holiday to a Swiss clinic than go into care , but she is not allowed to do that either. I can only think of one reason why that would be against the rules and it is not for her benefit.
Durzel said:
Turning this on its head - who do you think should have to pay for your Mum's health care, bearing in mind her taxes/NI contributions would've paid for services, pension, etc?
The NHS ..isn't that the point of it? Isn't that what she has paid for all her life? She has a private pension, but that won't cover private care.Her parents healthcare was covered as they never owned any assets the government could take.
I guess I just need to accept I won't be keeping the family home unless I can afford to pay for her care home if she has to go into one. A new house would be cheaper
k me you really are desperate to relieve your ma of her assets.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff