If FIL gifts money from joint account prior to death will it be considered a gift from both PIL?

[dierama]

FIL is dying. He is 96 and has cancer. He would like to gift £10k to each of his grandchildren prior to his death because he would like to give it to them personally.

The estate isn't worth masses. It will be well below the IHT threshold.

The question is whether of he does this (6 grandchildren) this will also be seen as MIL gifting the money too because its from the joint account(their only account)? MIL may well have to go into a home over the course of the next year. If PIL gifts money before he dies rather than leaving it in a will would it run the risk of being seen as deprivation of assets if MIL then has to go into care?

Neither claim any benefits so its only relating to the potential care needs of MIL after FIL goes.

Does anyone know? FIL doesn't want the hassle of setting up a separate account etc.

How much money would they have left in their account? If gifting the money leaves your MIL with enough money to pay for care for a reasonable length of time based on her age and life expectancy then it’s unlikely to be a problem. If it takes her below the threshold for funded care then it’ll be a problem.

You say “If PIL gifts money before he dies rather than leaving it in a will” so you should also be aware that if they have a joint account then the money will automatically pass to MIL when FIL passes, even if he states in his will he wants it to go the grandchildren.

MIL was a teacher so has a good final salary pension and they would still have the house (circa £250) and about £100k left.

Sounds like it might be ok then?