Tenants In Common Query

WSB

Thanks all for your comments. Much appreciated. 
In response to all.
My dad is a healthy and of sound mind 74 year old. He's been widowed when my mum died 20 years ago. He has not remarried or had any relationships since.
He truly asked me to look into this as he doesn't want his property used for care home fees. All stemming from these so called experts at the tennis club. Lol. 
Neither myself or my sister want our dad to be in a poor care home or have lack of choice, timing etc. So purely on that basis, we won't be pursuing this. 
I have set up wills and power of attorneys for both my dad as well as my wife and I. 
This thread was purely to answer a query that's been bothering him after being fed stuff from his mates. Crazy I know but that's the truth of it. 

Keep_pedalling

Should your father ever need residential care (and chances are that he won’t) he won’t have much choice about his home not being used to pay for it unless he has plenty of other assets to cover it. If any idiots at the tennis club suggest giving his home away or putting in trust he should ask them about deliberate deprivation of assets.

WSB

Keep_pedalling said:

Should your father ever need residential care (and chances are that he won’t) he won’t have much choice about his home not being used to pay for it unless he has plenty of other assets to cover it. If any idiots at the tennis club suggest giving his home away or putting in trust he should ask them about deliberate deprivation of assets.

Agreed. Did ask him for details of what these "experts" said but all he could do was repeat that they had "tenancy in common and that would stop his home being used to pay for a care home".  When I asked for more details, he just told me that he didn't know but for me to research it and let him know.
He's been delegating like this for years :-).Comes up with something he has no idea about and expects me to work things out for him.

RAS

A lot of people who have a spouse/partner sever the tenancy and create Immediate Post Death Interest Trusts in wills because it allows each party to leave their portion to their children, with the survivor allowed to live there for life. It protects that portion of the property should the survivor (re)marry or need care.

The time to have done that was before his wife died. If mum did have a will, might be worth checking what it said?

freesha

No, no, no.

Firstly, there is no time limit for the LA to look back and consider this to be a deprivation of assets.
Secondly, you will want your dad to have the best care home he can afford, BELIEVE ME.

WSB

freesha said:

No, no, no.

Firstly, there is no time limit for the LA to look back and consider this to be a deprivation of assets.
Secondly, you will want your dad to have the best care home he can afford, BELIEVE ME.

yes, thank you but I can assure you my Dad will have the best care home he can afford.  I have no intention of doing anything to scupper that.

WSB

RAS said:

A lot of people who have a spouse/partner sever the tenancy and create Immediate Post Death Interest Trusts in wills because it allows each party to leave their portion to their children, with the survivor allowed to live there for life. It protects that portion of the property should the survivor (re)marry or need care.

The time to have done that was before his wife died. If mum did have a will, might be worth checking what it said?

RAS said:

A lot of people who have a spouse/partner sever the tenancy and create Immediate Post Death Interest Trusts in wills because it allows each party to leave their portion to their children, with the survivor allowed to live there for life. It protects that portion of the property should the survivor (re)marry or need care.

The time to have done that was before his wife died. If mum did have a will, might be worth checking what it said?

My parents had no wills until my Mum died 20 years ago, at which point my Dad had one drawn up.