Elderly mum and partner’s will

[Holdonforsummer]

Wondering if anyone can shed some light on this as I feel my mum has stuck her head in the sand a bit. She is 77 and has been married to her partner for about 6 years, together for 15. They both had their own houses when they met but later on, they both sold up. He bought the house they now live in and she put the proceeds of her house sale (about £80k) into savings and has been slowly eroding this over the years. I think she pays bills for the house they live in. Anyway, her husband is quite ill and has made a will leaving the whole house to his grown up daughter but with a provision for my mum to live in it until death. She has to pay to maintain it in its current condition. I don’t agree with this but that’s not my business. My question is, what would happen if my mum needed care, specifically a care home? Could the council force her to make a claim on the house once her savings are gone? (She is down to about £30k already). I am worried she is going to be lumbered with all the responsibility of maintaining this property with none of the benefits of being a home owner. I am also worried about what could/should happen if she needs a care home. He refuses to discuss anything and they haven’t got proper legal advice about much of it. Thanks!

She needs to be taken to a lawyer and have this sorted out!!! Her partner is basically financially abusing her and going to let his will carry on financially abusing her!!! WHY is she paying to maintain a house that’s not hers?!?! And why as they are married is this even allowed legally??!! Please talk to a lawyer on her behalf and take her to see them or speak to them over the phone so she gets some help. Why isn’t her and her husbands pensions going towards bills? Is he saving all his money by using her and her money??

Please ignore the previous poster who clearly hasn't got a clue. This is not financial abuse.

It sounds like he is leaving a life interest trust, allowing your mother to continue to live in the house until she dies with it then passing to his daughter. The fact she will have to maintain the house is normal for this kind of arrangement. From his perspective, this ensures his daughter will ultimately inherit whatever happens. Your mother may have a claim for more if this is not adequate financial provision for her, but it depends on what assets she has and what else he leaves her (money in bank accounts, investments, etc.).

If his will has been professionally written, she will be able to sell the house and use the proceeds to buy another property if she wishes, but any surplus will go to his daughter, not your mother.

The council cannot force her to make a claim on the house. If she goes into a care home, the best approach may be to sell the house at that stage, with the proceeds of sale going to his daughter. That would relieve your mother from any responsibility for maintaining it.

He wants to ensure that his wife has a home and also that his property will go to his child when she dies rather than to his wife's next of kin. There's nothing wrong with that at all.

It might be ok as we are only hearing one side but she probably should have got legal advice at the time which may have advised her to use her own house sale proceeds towards the new house in return for a percentage share as a tenant in common.

You have made it sound like her husband engineered things to keep the whole house and live off her money. But on the other hand your mother has had somewhere to live for free and for the rest of her life and it could be said it was fair for her to pay bills and maintenance. I doubt she would have been able to buy her own property and cover bills and upkeep with just 80k. So it might be a fair deal.

He's also taken a risk in that if she divorced him rather than waiting for him (or her) to die, she'd be able to claim a chunk of the house and pass to on to you.

I'm wondering what is really concerning you. Is it your concern about paying for the upkeep? Or that his daughter will inherit a house and you won't?

Hah, well I know that neither he nor my mum have any plans to change the will so that is by the by! I’m just worried the council would see it as a way of her avoiding care costs and that really isn’t the case. She claims they have always kept their finances separate but I know that marriage also muddies those waters. I don’t believe it is financial abuse at all - although I do think the situation disadvantages my mum who is eroding her savings upkeeping a house while his capital is protected for his daughter. But I think the horse has bolted on that one.

It’s not her house, so the council can’t make a claim on it or make her sell it. When her husband dies, the Trust effectively becomes the ‘owners’ and then when she dies, it moves to the daughter. We have a similar situation in our family and it’s a perfectly acceptable way to house a widow/er while still preserving capital for their step-child/ren.

Ok, thank you, good to know.

Your mother could take in a lodger if necessary to help her meet maintenance costs. Or she could look into renting a flat in sheltered housing and giving up the house early. As they are married she may have a claim to part of any pension provision he had, that depends on who administers the scheme.

Once her savings fall below a certain level, currently £14250, they will be disregarded for care home fees. If in a home she'll be able to keep £35.90 of any state or other pension for things like clothing.