Probate Complication

Savvy_Sue

JJWSJS8700 said:

If the brother is has been assessed as only needing 15 minute Carer visits, he must be of sound mind and social services say he doesn’t need much care.

The more cynical view might be that he doesn't have capacity, but masks it without realising, or that he has capacity but SS hasn't given enough time to establish what he wants. They will certainly know that finding appropriate supported living takes a lot of effort, and they are almost certainly stretched to breaking point.

JJWSJS8700 said:

Ask them to reassess and let him give his own views and opinions about what he wants, as he is allowed to live there for the remainder of his life, rent free.

That definitely needs to happen, but he's already said he doesn't want t to stay there.

Savvy_Sue

Just wondering if there's any hint of a Discretionary Trust in the will? This is useful for those who are dependent on benefits, because it removes the bequest from their control.

Mojisola

JJWSJS8700 said:

If the brother is has been assessed as only needing 15 minute Carer visits, he must be of sound mind and social services say he doesn’t need much care.

Social Services are so strapped for cash that many people now aren't getting the carers that they really need so don't take what's being provided as evidence that he can cope on his own.

Pennylane

JJWSJS8700 said:

If the brother is has been assessed as only needing 15 minute Carer visits, he must be of sound mind and social services say he doesn’t need much care.

Ask them to reassess and let him give his own views and opinions about what he wants, as he is allowed to live there for the remainder of his life, rent free.

Of course social services are saying that!  They want to pay out as little as possible.  

The OP has pointed out that he would be unable to afford to maintain the house.

I suggest that the OP looks at the forum on Carers UK site.  They also do a helpline. 

getmore4less

As there is a life interest, you wife does not inherit any beneficial ownership until that trust is dissolved. 

I would look at the provisions of disable persons trusts they may be more suitable to hold any assets for the brother.