Property Rights

xylophone

The OP's uncle's Will could be written to ensure that the trust property can be sold and used to pay for his wife's care until the end of her life, after which it passes to his son.

The capital proceeds placed on deposit/invested so as to provide an income for the spouse? The spouse would have no right to the capital in this arrangement.

thepurplepixie

Xylophone that is a good point, perhaps he had made that promise to his first wife?  I know someone who inherited his family home when his father died but his step mother had the right to stay there for the rest of her life.  As the house was bought by his father and mother his father felt that was the right thing to do, everything else was left to the step mother.

Mojisola

thepurplepixie said:

Xylophone that is a good point, perhaps he had made that promise to his first wife? 

After 55 years of marriage, I would hope that a husband would feel that his wife was entitled to a share of the family home!

xylophone

After 55 years of marriage, I would hope that a husband would feel that his wife was entitled to a share of the family home!

The will was an attempt to provide for the wife and secure an inheritance for the son?

Mojisola

xylophone said:

The will was an attempt to provide for the wife and secure an inheritance for the son?

Only if she stays in the house until she dies. 

Malthusian

xylophone said:

The OP's uncle's Will could be written to ensure that the trust property can be sold and used to pay for his wife's care until the end of her life, after which it passes to his son.

The capital proceeds placed on deposit/invested so as to provide an income for the spouse? The spouse would have no right to the capital in this arrangement.

The uncle is still alive and can make whatever arrangements he likes in his Will. Life interest trusts can be written to give the trustees the option to advance capital to the life tenant.
If the uncle's Will does not provide for this option but the stepson is happy for the capital in the house to provide for the care needs of his stepmother of 55 years, and take whatever's left afterwards, a Deed of Variation can be used.

xylophone

The uncle is still alive and can make whatever arrangements he likes in his Will. Life interest trusts can be written to give the trustees the option to advance capital to the life tenant.
If the uncle's Will does not provide for this option but the stepson is happy for the capital in the house to provide for the care needs of his stepmother of 55 years, and take whatever's left afterwards, a Deed of Variation can be used.

All perfectly true.

But the uncle might prefer to leave things as they are (if the situation is as the OP suggests)?

And it may be of course that other financial provision has been made - cash savings/ pension/insurance etc - neither we nor the OP know.

Incidentally, how do we know that any council provision would be dire?

My relative's relative fully funded herself ( £60,000 +) per annum but from what  he could gather, there were residents of the very comfortable home who were being CHC or LA funded. 

thepurplepixie

Mojisola said:

thepurplepixie said:

Xylophone that is a good point, perhaps he had made that promise to his first wife? 

After 55 years of marriage, I would hope that a husband would feel that his wife was entitled to a share of the family home!

Mojisola said:

thepurplepixie said:

Xylophone that is a good point, perhaps he had made that promise to his first wife? 

After 55 years of marriage, I would hope that a husband would feel that his wife was entitled to a share of the family home!

Mojisola said:

thepurplepixie said:

Xylophone that is a good point, perhaps he had made that promise to his first wife? 

After 55 years of marriage, I would hope that a husband would feel that his wife was entitled to a share of the family home!

Mojisola said:

thepurplepixie said:

Xylophone that is a good point, perhaps he had made that promise to his first wife? 

After 55 years of marriage, I would hope that a husband would feel that his wife was entitled to a share of the family home!

Mojisola said:

thepurplepixie said:

Xylophone that is a good point, perhaps he had made that promise to his first wife? 

After 55 years of marriage, I would hope that a husband would feel that his wife was entitled to a share of the family home!

Mojisola said:

thepurplepixie said:

Xylophone that is a good point, perhaps he had made that promise to his first wife? 

After 55 years of marriage, I would hope that a husband would feel that his wife was entitled to a share of the family home!

Mojisola said:

thepurplepixie said:

Xylophone that is a good point, perhaps he had made that promise to his first wife? 

After 55 years of marriage, I would hope that a husband would feel that his wife was entitled to a share of the family home!

Mojisola said:

thepurplepixie said:

Xylophone that is a good point, perhaps he had made that promise to his first wife? 

After 55 years of marriage, I would hope that a husband would feel that his wife was entitled to a share of the family home!

We don't know what decisions were made 55 years ago.  He might have been quite up front about the fact that he bought it with first wife, who knows the mortgage money could have been paid off with her life insurance, and he felt honour bound to make sure it went to their son.  I knew someone, a man with learning difficulties, his mother died and father remarried and new wife moved into the family home.  Father died and son got thrown out when step mother died her children got the house.  It isn't as if he was throwing her out, she has a home for life.

thepurplepixie

Sorry not sure how you got quoted so many times!